HomeMy WebLinkAboutCC 1988-11-03 MinutesMIAMi
OF
"NOR
G1 �„
* I NCOKN PIRATED
l8 j 96
0�
OF MEETING HELD ON NOVEMBER 3, 1988
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
a
w
P
INDIX
MINUTES OF REGULAR WRITING
OITI COMMISSION OF MIAMI. FLORIDA
NOVEMBER 3o 1988
ITEN
SUBJECT
LEGISLATION
..................
PAGE
NO.
NO.
1.
PRESENTATIONS, PROCLAMATIONS,
PRESENTED
1
SPECIAL ITEMS.
11/3/88
2.
STREET VENDORS: 45 day moratorium on
M 88-1001
1-5
Insurance requirements (See label 32)
11/3/88
3. HOMELESS VAGRANTS:
administration and
M 88-1002 5-23
ad hoc committee
to review
clear
11/3/88
antisocial acts.
♦. OPEN BIDS: sale of
$1,500,OD0
police
R 88-1003 23-24
bonds, $5,000,000 storm sewer
bonds,
11/3/88
$5,000,000 sanitary sewer
bonds,
$3,900,000 highway
improvement
bonds,
and $3,000,000 fire
bonds. (See
label
31)
5. CONSENT AGENDA.
2 5- 2 6
11/3/88
5.1
CERTIFICATION OF ELECTION: baseball
R 88-1004
26
stadium was disapproved.
11/3/88
5.2
HISPANIC POLICE OFFICERS ASSOCIATION
R 88-1005
26-27
CONFERENCE: $9,658 for Coconut Grove
11/3/88
Exhibition Center.
5.3
1988 ORANGE BLOSSOM CLASSIC PARADE AND
R 88-1006
27
GAME: $10,000 allocation.
11/3/88
5.4
BAY OF PIGS VETERANS ASSOCIATION,
R 88-1007
27
BRIGADE 2506: 425,000 allocation.
11/3/88
5.5
1988 MIAMI INTERNATIONAL BOOK FAIR:
R 88-1008
27
*60,000 allocation.
11/3/88
5.6
DINNER KEY MARINA PIER CONSTRUCTION:
R 68-1009
27-28
increase original purchase order.
11/3/88
5.7
MOTOR OIL AND LUBRICANTS: accept bids
R 88-1010
28
of Metro Business Group, Vazquez
11/3/88
International, Inc., Alpha Grease and
Oil Co., Floval Oil Co., Sala
Industrial Sales Corp., and Ranco Oil
Co.
5.8
ACCEPT BID: SCS INDUSTRIES FOR
R 88-1011
28
FABRICATION AND INSTALLATION OF OXYGEN
11/3/88
CASCADE SYSTEM at Fire Station No. 4
and No. 12.
5.9
ACCEPT BID: WILLIAM FENCE COMPANY for
It 88-1012
28-20
removal of old fence and installation
11/3/88
of new fence at Triangle and Antonio
Maceo Parks.
5.10
ACCEPT BID: RINGSIDE PRODUCTS FOR
R 88-1013
29
GYM/BOXING EQUIPMENT to be used in Cops
11/3/88
and Kids Athletic Drug Diversionary
Program.
5.11
ACCEPT BID: STAR EQUIPMENT
R 88-1014
29
MANUFACTURING. INC. FOR SOLID WASTE
11/3/68
CONTAINERS.
5.12
ACCEPT BID: CAMPANELLA CONSTRUCTION
R 88-1015
29
CORPORATION for N.W. 1 Avenue sanitary
11/3/88
sever replacement.
5.13
AUTHORIZE FLORIADE STANDARD TUBULAR
R 88-1016
30
FENCE AT MORNINGSIDE PARK FROM FENCE
11/3/88
MASTERS, INC.
5.14
AUTHORIZE MANAGER TO EXECUTE AGREEMENT
R 88-1017
30
WITH CARIBBEAN CENTRAL AMERICAN ACTION
11/3/88
In support of 1988 Miami Conference on
the Caribbean.
5.15
ORDER SOUTH FLAGLER SANITARY SEWER
R 88-1018
30
IMPROVEMENT
11/3/88
5.16
ORDER MIAMI RIVER CANAL SANITARY SEWER
R 88-1019
30
IMPROVEMENT
11/3/88
5.17
ACCEPT COMPLETED WORK: MARKS BROTHERS
R 88-1020
31
COMPANY FOR STORM SEWER REPAIR -EAST
11/3/88
FLAGLER STREET
5.18
ACCEPT COMPLETED WORK: MET CONSTRUCTION
R 88-1021
31
FOR ALLAPATTAH ACTIVITY CENTER PORCH
11/3/88
CANOPY
5.19
ACCEPT COMPLETED WORK: SOLAR HEATING OF
R 88-1022
31
FLORIDA, INC. FOR FIRE TRAINING CENTER
11/3/88
REMEDIAL WORK
5.20
ACCEPT COMPLETED WORK: VAN TOPOLE
R 88-1023
31
CONSTRUCTION, INC. FOR FIRE STATION NO.
11/3/88
2 WASHROOM
5.21
ACCEPT COMPLETED WORK: VAN TOPOLE
R 88-1024
31-32
CONSTRUCTION, INC. FOR FIRE STATION NO.
11/3/88
6 WASHROOM
5.22
ACCEPT COMPLETED WORK: SOLO
R 88-1025
32
CONSTRUCTION FOR SHENANDOAH STORM SEWER
11/3/88
PROJECT.
5.23
ACCEPT COMPLETED WORK: TARAFA
R 88-1026
32
CONSTRUCTION, INC. FOR MAXIMO GOMEZ
11/3/88
(DOMINO) PARK RENOVATION.
5.24
DESIGNATE TOBACCO ROAD: unnamed street
R 88-1027
32
between South Miami Avenue and S.W. 1
11/3/88
Avenue
5.25
KING MANGO STRUT PARADE: close streets,
R 88-1028
32-33
establish retail peddlers
11/3/86
L
I '
5126
AFFIRMATIVE ACTION ADVISORY BOARD:
R 88-1020
33
appoint Sgt. J.J. Williams
11/3/88
6.
DISCUSSION CONCERNING LINE ITEM
DISCUSSION
33-34
TRANSFERS (See label 9).
11/3/68
7.
TONING RATES: City and Loving industry
M 88-1030
34-38
to negotiate reasonable rate.
11/3/88
e.
EMERGENCY ORDINANCE: ACCOUNTING
ORDINANCE
38-39
PRINCIPLES - implementing budgetary
10507
adjustments
11/3/88
9.
CONTINUED DISCUSSION ON LINE ITEM
DISCUSSION
39-40
TRANSFERS (See label 6)
11/3/88
10.
SECOND READING ORDINANCE: ENFORCEMENT
ORDINANCE
40-41
OF ANIMAL CONTROL (See label 12)
10508
11/3/88
11.
BRIEF DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
41
OF PROPOSED ORDINANCE PROVIDING
11/3/88
EXEMPTIONS TO THE TICKET SURCHARGE IN
PUBLIC FACILITIES (See label 13)
12.
BRIEF COMMENTS CONCERNING ANIMAL
DISCUSSION
41-42
CONTROL (See label 10)
11/3/88
13.
(CONTINUED DISCUSSION) SECOND READING
ORDINANCE
42-43
ORDINANCE: PROVIDING EXEMPTIONS TO THE
10509
TICKET SURCHARGE IN PUBLIC FACILITIES
11/3/88
(See label 11)
14.
UNIVERSITY OF MIAMI BASKETBALL: $25,000
M 88-1031
43-45
allocation from City and matching funds
11/3/88
from Sports Authority
15.
SECOND READING ORDINANCE: INCREASE
ORDINANCE
45
APPROPRIATIONS FOR COCONUT GROVE STORM
10510
SEWERS
11/3/88
16.
ACCEPT BID: MIRA CONSTRUCTION INC. FOR
R 88-1032
46
COCONUT GROVE STORM SEWER PROJECT.
11/3/88
17.
SECOND READING ORDINANCE: REQUIRE OATH
ORDINANCE
47-50
FROM PERSONS TESTIFYING ON ZONING
10511
MATTERS
I1/3/88
16.
FIRST READING ORDINANCE: ESTABLISH
ORDINANCE
50-52
FUND "HISTORIC PRESERVATION: SURVEY
FIRST READING
UPDATE" AND APPROPRIATE FUNDS FOR SAME.
11/3/88
19.
A) DISCUSS AND DEFER PROPOSED ORDINANCE
DISCUSSION
52-55
PROVIDING FOR ASSESSMENT OF
11/3/88
OCCUPATIONAL LICENSE TAX ON TELEPHONES;
B) BRIEF COMMENTS CONCERNING CLERICAL
ERROR MADE BY A.T.T.
20.
FIRST READING ORDINANCE: CREATE FUND
ORDINANCE
55-56
"RECREATION PROGRAMS FOR THE MENTALLY
FIRST READING
RETARDED - FY '88-891" AND APPROPRIATE
11/3/88
FUNDS FOR SAME
21.
A. SELECTION OF VICE MAYOR VICTOR DE
M 88-1033
56-62
'Y'URRE. B. EFFECTIVE DATE FOR NEW VICE
R 88-1034
MAYOR: DECEMBER 1, 1988.
11/3/88
22.
DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
62=65
CONCERNING PLANS OF WYNWOOD COMMUNITY
11/3/88
ECONOMIC DEVELOPMENT CORPORATION FOR
PROPOSED WYNWOOD INDUSTRIAL PARK
CONSISTENT WITH OBJECTIVES OF CITY.
'
(See label 27)
23.
AUTHORIZE PURCHASE OF LASER PRINTER
R 88-1035
65-66
FROM UNISYS CORPORATION.
11/3/88
24.
ALLOCATE $79,500 FOR REHABILITATING
R 88-1036
66-67
LUMMUS PARK.
11/3/88
25.
ACCEPT BID: D.E. GIDI AND ASSOCIATES
R 88-1037
67-68
CORPORATION FOR LUMMUS PARK PLAZA PHASE
11/3/88
I.
26.
OPEN BIDS; NORTH FLAGLER SANITARY SEWER
M 88-1038
68-69
IMPROVEMENTS B-5500.
11/3/88
27.
FINDING PLANS OF WYNWOOD COMMUNITY
R 88-1039
69-70
ECONOMIC DEVELOPMENT CORPORATION for
11/3/88
proposed Wynwood Industrial Park
consistent with City. (See label 22)
28.
THROW OUT BIDS RECEIVED FOR OFFICE
R 68-1040
70-72
FURNITURE TO THE FIRE DEPARTMENT,
11/3/88
ADVERTISE AND REBID
29.
LEAGUE OF CITIES CONVENTION IN BOSTON:
R 88-1041
72-73
authorize representation of City
11/3/88
Commissioners who wish to attend
30.
ST. HUGH OAKS PROPERTY IN COCONUT GROVE
R 88-1042
73-80
NEIGHBORHOOD designate category B
11/3/88
project for 30 unit single family
residential sales housing project
31.
AWARD BID CONCERNING SALE OF BONDS:
R 88-1043
80-82
$3,900,000 Highway, $1,500,000 police,
11/3/88
$5,000,000 storm sewer, $5,000,000
sanitary sever, 63,000,000 fire (See
label 4)
32.
Emergency Ordinance: Street Vendors -
ORDINANCE
82-83
declare 45-day moratorium on
10512
enforcement of insurance requirements.
11/3/88
(See label 2).
33.
ADDITIONAL MICROCOMPUTERS AND EQUIPMENT
R 88-1044
84
FROM UNISYS CORPORATION
11/3/88
34.
ACCEPT GRANT FROM KNIGHT FOUNDATION FOR
R 88-1045
84-85
CONSTRUCTION OF TOWER OF LIGHT IN
11/3/88
BAYFRONT PARK
35.
LASER PROJECTION SYSTEM FOR BAYFRONT
R 88-1046
85-86
PARK authorize manager to enter into
11/3/88
agreement with Science Faction
Corporation for equipment, installation
and programming computer controlling
same.
4
36.
ORANGE BOWL TV/AUDIO SYSTEM: approve
R 8B-1047
86-90
rejection of protest received from Ace
11/3/88
Music Center; award to Professional
Sound and Light Services.
37.
DISCUSSION AND TEMPORARY DEFERRAL OF
DISCUSSION
90-92
ORANGE BOWL MODERNIZATION PROJECT (See
11/3/88
label 39)
38.
AFRICAN SQUARE PARK RENOVATION: approve
R 88-1048
92-93
planning and design services
11/3/88
39.
ORANGE BOWL MODERNIZATION PROJECT:
R 88-1049
93-117
approve most qualified firms for
M 88-1050
planning and design services; appoint
1113/88
Herb Bailey and Jack Mulvena to
negotiate this project (See label 37)
40.
GROUP BENEFITS FOR MEDICAL CARE
R 88-1051
118-124
PROGRAM: authorize Manager to execute
11/3/88
agreement with Century Financial
Services Inc.
41.
DISCUSSION AND WITHDRAWAL OF PROPOSED
DISCUSSION
125-126
PRELIMINARY ASSESSMENT OF IMPACT OF THE
11/3/88
TAX REFORM ACT OF 1986 ON THE CITY'S
GROUP BENEFITS PLAN.
42.
LANDSCAPING OF 8-395 RAMP EXITS AT N.E.
M 88-1052
126-134
12 AVENUE AND BISCAYNE: hold in
11/3/88
abeyance monies pledged for further
study
43.
DISCUSSION CONCERNING THE NEW CITY
DISCUSSION
135-138
ADMINISTRATION BUILDING: possible
11/3/88
purchase of Dupont Building.
44.
VISIONS 2000 COMMITTEE: accept
R 88-1053
138-144
recommendations of Manager and
11/3/88
Selection Committee concerning
consultant selection for consultant
support for City
45.
REJECT ALL BIDS IN CONNECTION WITH
R 88-1054
144-153
LOCAL DRAINAGE PROJECT E-57
11/3/88
46.
BUS SHELTERS: refer to
M 88-1055
154-171
administration for further study.
11/3/88
47.
BARRICADES AT BIRD, 27 AVENUE AND
R 88-1056
172
ANDROS AVENUE: authorize temporarily
11/3/88
for 90 days, requiring poll of property
owners on permanency
48.
ST. ALBAN'S DAY CARE CENTER: grant
M 88-1057
173-174
waiver of filing fee for plan for class
11/3/88
addition
49.
TEMPORARY BARRICADES: listed in R-88-
R 88-1058
174-175
480, allocate $7,500 to pay for
11/3/88
installation
50.
AUDIT ADVISORY COMMITTEE: appoint
R 88-1059
175
Marvin Armstrong
11/3/88
51.
FIREFIGHTERS AND POLICE RETIREMENT
R 88-1060
176
TRUST: appoint Marshall Barry
11/3/88
52.
N.W. 8 STREET ROAD HIGHWAY IMPROVEMENT:
R 88-1061
1�1
authorize increase in contract with
11/3/88
Madsen/Barr Corporation
53.
CITYWIDE SANITARY SEWER EXTENSION:
R 88-1062
178
accept completed work of P.N.M.
11/3/88
Corporation
54,
CONTRACT WITH MARKS BROTHERS COMPANY
R 88-1063
178-182
FOR CONSTRUCTION OF NORTH RIVER DRIVE
11/3/88
HIGHWAY IMPROVEMENTS authorize increase
55.
CONTRACT WITH DELGADO PAVING INC. FOR
R 88-1064
182
CONSTRUCTION OF CITYWIDE HIGHWAY
11/3/88
IMPROVEMENTS PHASE IV authorize
Increase
56.
UNISYS CORPORATION TO PROVIDE COMPUTERS
R 88-1065
183-186
AND PERIPHERALS waive formal sealed
11/3/88
bids.
57.
RIVERFRONT LAND PARCEL BETWEEN S.W. 2
R 88-1066
187
AND 3 STREET ON NORTH RIVER DRIVE ON
11/3/88
MIAMI RIVER authorize issuance of RFP
for UDP for marine -oriented
recreational and retail uses including
food sales.
S8.
LIQUOR STORES to remain open on Sundays
R 88-1067
188
during December
11/3/88
59.
CUBAN MUNICIPALITIES FAIR CORPORATION
R 88-1068
189
waive prohibition to limit the number
11/3/88
of events at City facility so said fair
can be held April 6-9, 1989 at Flagler
Dog Track
— 60.
DISCUSSION: International 50-foot
DISCUSSION
190
yacht association regatta
11/3/88
61.
ST. JOHN COMMUNITY DEVELOPMENT
M 88-1069
190-197
CORPORATION allocated $40,000 for
11/3/88
Overtown sites to be used for
affordable housing.
62.
LATIN QUARTER FIESTA granted $6,120 in-
R 88-1070
197-200
kind and street closure
11/3/88
63.
LITTLE HAVANA DEVELOPMENT AUTHORITY TO
R 88-1071
200-203
RUN DOMINO PARK - $27,112.20 budget
11/3/88
approved
64.
TEATRO AVANTE TO REPRESENT CITY AT
R 88-1072
203-204
DAYTONA BEACH FESTIVAL granted $4,500
11/3/88
65.
FLAGLER STREET BLOCK PARTY SPONSORED BY
R 88-1073
204-205
DOWNTOWN DEVELOPMENT AUTHORITY granted
11/3/88
street closure and beer/wine permit
_ 66.
CRUISE N' TRAVEL - EN ESPANOL MAGAZINE
R 88-1074
206
allocated $25,000 for tourism
11/3/88
promotion.
67.
DISCUSSION CONCERNING 1989 WORLD
DISCUSSION
206-210
OFFSHORE POWER BOAT CHAMPIONSHIPS
11/3/88
0
69.
COMMENTS 8Y RAUL MARTINEZ, ACTING
DISCUSSION
211-212
DIRECTOR OF ASPIRA
11/3/88
60.
UNDERGROUND PARKING GARAGE
M 88-1075
212-228
PENEATH BAYFRONT PARK approve
11/3/88
!Miami Center'• concept in
principle.
70.
GENERAL ANTONIO MACEO FOUNDATION extend
R 88-1076
229
permit to operate General Antonio Maceo
11/3/88
Park
71.
DISCUSSION CONCERNING REMODELING AT
DISCUSSION
230-235
CONFERENCE AND CONVENTIONS CENTER,
11/3/88
HYATT HOTEL
72.
Discussion and deferral of zoning
DISCUSSION
235-243
complaint at approximately N.W. 57
11/3/88
Court and 7 Street concerning class C
permit for office building
73.
DISCUSSION CONCERNING HELICOPTER
DISCUSSION
243-248
CONCESSION ON WATSON ISLAND
11/3/88
74.
DISCUSSION CONCERNING REDESIGNING OF
DISCUSSION
248-249
INTERSECTION OF S.W. 22 STREET (CORAL
11/3/88
WAY) AND S.W. 13 AVENUE
75.
DISCUSS AND DEFER PROPOSED VEHICULAR
DISCUSSION
249-250
ACCESS TO S.W. 28 STREET AT S.W. 26
11/3/88
AVENUE
76.
MARK VALENTINE AS SPECIAL COUNSEL TO
R 88-1077
251-254
CIVIL SERVICE BOARD
11/3/88
77.
ARMANDO BUCELO AS SPECIAL COUNSEL TO
R 88-1078
254-260
CODE ENFORCEMENT BOARD
11/3/88
78.
CITY EMPLOYEE 1988 HOLIDAY PARTY waive
R 88-1079
261
44,800 cost of Riverfront Hall at Hyatt
11/3/88
79.
RONALD SILVER AS SPECIAL COUNSEL TO
R 88-1080
262-266
DEPARTMENT OF OFF-STREET PARKING
11/3/88
60.
DISCUSS AND DEFER PROPOSED APPOINTMENT
DISCUSSION
266-268
OF LAW FIRM OF HUGHES HUBBARD AND REED
11/3/88
TO SERVE AS SPECIAL COUNSEL TO
DEPARTMENT OF OFF-STREET PARKING
$I.
EMERGENCY ORDINANCE: ASSISTANT CITY
ORDINANCE
268-270
ATTORNEYS, increase from sixteen to
10513
seventeen.
11/3/88
MINUTES OF NEGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 3rd day of November, 1988, the City Commission of Miami, Florida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 9:10 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier I.. Suarez
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice Mayor Kennedy then
led those present in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS
1. Presentation of City of Miami engraved tray to well known Cuban singer
and actress Miriam Acevedo in recognition of her musical talents and
contributions.
2. The following individuals were present in the Commission Chambers and
recognized by the Mayor and the City Commission: State Representatives
Michael Friedman and Susan Guber, State Senator Larry Plummer and civic
activist Roxcy Bolton.
3. Taiwanese dignitaries Mr. Pingchao Su and Mr. Philip T. Y. Wang were
formally recognized and introduced to the Mayor and City Commission. Mr.
Pingchao Su is the new Director General of the Coordination Council for
North American Affairs with offices in Miami.
s�
--------------------- -------- ----------------------------------------
2. STREET VENDORS: 45 day moratorium on insurance requirements (See label
32)
Mayor Suarez: Commissioner De Yurre, did you want to make a - offer some sort
of a proposal on the issue of the food vendors and street vendors?
Mr. De Yurre: Yes, Mr. Mayor. At the last meeting on Thursday we recognized
the fact that the City of Miami needed some legal protection and that's why we
went to... you all can sit down.
Mayor Suarez: We recognize that all of you are here on this issue and take
note and put in the record that, I guess, 80 percent of the entire chambers
seems to be interested in this particular issue.
Mr. De Yurre: Yes, and as I was mentioning, the City recognizes the needs for
protection, while at the same time, we also recognize that the vendors provide
an industry which provides hundreds of jobs in this community and it's
something that it needs attention that they don't be put out of business
because of our requirements. I was under the impression at the last meeting
1 November 3, 1988
a
4W
on Thursday that the insurance that we had talked about would run about maybe
$300 a year. But upon speaking with our Risk Management Department, also our
City Attorney's office, it seems like not $750,000 but $500,000 worth of
coverage would cost anywhere from $750 to $1050 which I think is excessive in
dealing with this type of industry. The vendors recognize that insurance is
necessary. I've spoken to the representatives that recognize that some
coverage is necessary, while at the same time they feel that it's got to be
something that they can live with. And I feel that it would be appropriate at
this time if we put a 45-day moratorium on the ordinance that was passed last
Thursday wherein Risk Management, the City Attorney's office, and the vendors
can get together and work out something that we can both live with so that we
can get the protection that we need and they can continue providing the
services that they do for this community. So I would like to put that in the
form of a motion at this time.
Mayor Suarez: So moved.
Mrs. Kennedy: I'll be willing to second because if you remember when the item
first came up, the Mayor and I advocated for the $500,000.
Mr. De Yurre: And maybe even less.
Mrs. Kennedy: We thought the other insurance was way too high and not really
fair so I'm very happy that you're bringing this up and I'm delighted to
second it.
Mr. Plummer: Question.
Mayor Suarez: Moved and seconded. Commissioner Plummer.
Mr. Plummer: Mr. Mayor, what happens if a problem occurs in the next 25 days?
Mr. De Yurre: Forty-five days.
Mr. Plummer: Forty-five days.
Mayor Suarez: Well, remember, we asked if there had ever been a lawsuit that
had created any sort of liability for the City and nobody could find any. I
would not be too concerned for the next 45 days myself, Commissioner.
(Applause)
Mayor Suarez: No, please, please. But the City, by licensing or by
permitting the sale and otherwise giving an occupational license, I don't
believe, per se, incurs the liability, of course, if we fail...
Mr. Plummer: On public right-of-way? On public...
Mayor Suarez: ... in some form and act negligently in supervising it, I
suppose we could, but I don't think there's any automatic liability to us.
Mr. Jorge Fernandez: We will always argue that we don't but that's always a
legal question to be determined in court.
Mr. Plummer: I would think that it would be appropriate. They now have an
association if that association would put up a blanket binder for the 45 days.
I think that's only reasonable to protect the citizens of this community that,
just like a man in the private business, he goes into business, he provides
his insurance and I think that that is necessary that a binder of some kind,
especially when I found out that in fact that they do have insurance if they
operate in the county of at least $300,000, I think some binder needs to be
put on to protect the public who would be subject to the lawsuit if an
accident did occur. History says that maybe it won't but where they're
operating I think personally, and I'm only giving you my opinion, that by
_ allowing them, and that's what we're doing, to operate on City property that
in fact we have a potential liability problem and I think a binder of some
kind to protect the citizens of this community. We make the people in the
sidewalk cafes, which is the best similarity that I can draw, we make them
provide this City with a liability insurance in case something were to happen
and I don't think it should be any different for anybody else who is operating
on City property. I am concerned that if an accident were occur, that we, the
City, would have a problem. I don't see anything wrong, they have an
2 November 3, 1988
a 40
association. I Mould accept an umbrella, at this point, for the next 45 days
of a binder to protect this City and I feel that that is necessary.
Mrs. Kennedy: I understand your concern...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, please, please, we're going to try to resolve this at
the Commission level and it may very well be that you won't have to ....
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mrs. Kennedy: Wait a second, you're out of order.
Mayor Suarez: You may not have to, you may not have to.
Mrs. Kennedy: I understand your concern but on the other hand, they have been
operating without a blanket all their lives so why would anything change at
this point?
Mr. Plummer: Two wrongs do not make a right.
Mayor Suarez: Talking about blankets, I think there's some homeless out there
that would like to get some blankets but....
Mr. Plummer: That's fine.
Mayor Suarez: Roxy Bolton, like that one.
(Applause)
Mayor Suarez: Anyhow, Commissioners - anyone else on the Commission, on this
Issue? We have a motion and a second. Any further...
Mr. Fernandez: Would you restate that motion again, Mr. Mayor, so that it's
clear on the record?
Mayor Suarez: Commissioner's moving a 45-day moratorium on the application of
the ordinance that we pass before pending meeting with the vendors association
and trying to come up with a reasonable feasible plan of insurance.
Mr. Plummer: Excuse me, what we passed before was a motion relating to the
insurance, the ordinance that we passed related to the Grove.
Mayor Suarez: No...
Mr. Fernandez: It related to the Grove as well as to Citywide.
Mrs. Kennedy: Citywide.
Mayor Suarez: It had insurance provision in it.
Mr. Plummer: It included the insurance in that ordinance?
Mr. Fernandez: Yes.
Mr. Plummer: I stand corrected.
Mayor Suarez: Motion understood?
Mr. De Yurre: Now we're not talking about any blanket or anything. We're
just going to moratorium for the 45 days as far as the insurance is concerned.
Mr. Fernandez: Exactly.
Mr. De Yurre: OK.
Mr. Plummer: The rest of the ordinance is intact?
Mayor Suarez: Yes.
Mr. Fernandez: Until it passes...
3 November 3, 1988
0
Mayor Suarez: Absolutely.
Mr. Fernandez: ... until after 45 days lapse, yes.
Mr. Plummer: 8xcuse one, in relation to that of the Coconut Grove, is that...
Mayor Suarez: Oh, no, the rest of the ordinance is intact, Mr. City Attorney,
except as this motion prescribes.
Mr. Fernandez: Yes.
Mr. Plummer: Only for the insurance, that's what I'm asking.
Mayor Suarez: Right, exactly.
Mr. Plummer: The rest of the motion is intact.
!Mayor Suarez: Of the ordinance.
Mr. Fernandez: Yes.
Mr. Plummer: Ordinance, I'm sorry.
Mayor Suarez: Call the...
Mr. Fernandez: So the only thing that the moratorium applies is to the
insurance, it is not to the ordinance as passed.
Mayor Suarez: That's exactly right. Just that particular provision in the
ordinance.
Mr. Fernandez: All right.
Mayor Suarez: Anything further, Commissioners? Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-1001
A MOTION OF THE CITY COMMISSION TO HAVE A 45 DAY
MORATORIUM ON THE ENFORCEMENT OF INSURANCE REQUIREMENTS AS
CONTAINED IN ORDINANCE NO. 10499, WHICH WAS ADOPTED
OCTOBER 27, 1988; FURTHER INSTRUCTING THE CITY ATTORNEY'S
OFFICE, ALONG WITH ITS RISK MANAGEMENT DIVISION TO MEET
WITH THE VENDORS AND ATTEMPT TO ESTABLISH A WORKABLE
SOLUTION TO SAID ISSUE.
NOTE: M-88-1001 was later formalized as a related
Emergency Ordinance 10512.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
Mayor Suarez: Work it out in the next 45 days. Come back with something
reasonable, and let's see if we can get on the right track on this issue. I'm
happy the Commissioner has pointed out that there could be a liability and
we're doing this in a more responsible way than has been in the past. The
City has not tried to regulate this in the past and it's time that we probably
do.
UNIDENTIFIED SPEAKER: Thank you to the 80 percent of the Commission.
4 November 3, 1988
0
Mayor Suarez: Well, please, please, please. Go and sin no more.
3. HOMELESS VAGRANTS: administration and ad hoc committee to review clear
antisocial acts.
Mayor Suarez: 'Mr. Manager, do you have a recommendation on this ordinance
that I've been interviewed on in the last 24 hours by every news media
organization in the United States and that nobody seems to know exactly how it
sprung up which is dealing with the homeless? Or do any Commissioners want to
make any proposals on it? I would like to take it up at this point in
deference...
Mr. Plummer: Mr. Mayor...
Mayor Suarez: ... to the state representatives that - Madam Representative,
are you here on that issue too? You're not. With five days before the
election are you here just kind of like passing time or...
Mr. Michael Friedman: No, there's going to be a press conference on open
government to apply the same rules to you as to us so we should have the same
rules.
Mayor Suarez: You mean to you as to us.
Mr. Friedman: Yes. No, your rules to us which are supposed to be our rules
but never have been.
Mr. Plummer: Mr. Mayor, can I start this off by asking a question? Where did
this ordinance come from?
Mayor Suarez: That's a good one.
Mrs. Kennedy: Nobody seems to....
Mr. Plummer: I don't know where this ordinance came from, I don't ever
remember it being discussed at the Commission.
Mayor Suarez: Nobody wanted to take credit for it in the last couple of days.
Mr. Plummer: I don't remember of any Commissioner or seeing any memo asking
for this ordinance. Mr. Manager, I asked you, obviously the first that I as a
Commissioner knew about it is what I read in the paper and suddenly we're
bombarded with phone calls. I ask again, where did this ordinance come from?
Mr. Odio: The ordinance was requested by the Police Department to the Law
Department and...
Mr. Plummer: How come when the Police Department is so readily to take credit
when credit is due, there's nothing in the paper that this ordinance was asked
for by the Police Department but we're catching hell for it.
Mr. Odio: Well, we are - obviously, the Police Department felt that they
needed an ordinance of this type for to enable to remove - we are having some
problems with some people camping on the streets. It wasn't the homeless, I
think....
Mr. Plummer: We all understand that, that the problem exists and continues,
unfortunately, to exist. But what you're saying is, that no Commissioner
sitting up here asked for it, nobody knew a thing about it and...
Mr. Odio: 1 believe that it was not asked by the City Commission.
Mr. Plummer: I just want the record clear that the first I knew of this
ordinance is when I picked up a newspaper and read about it.
Mr. Odio: That's correct. And, like I said, that's how it came about, the
Police Department... Joe, you want to say something?
5 November 3, 1988
0 4W
Lt. Joseph Longueira: All I know is, Commissioner, sometime back there was a
court ruling in another jurisdiction that our legal advisors felt impacted on
our ability to enforce the City ordinances as they existed, they recommended
changes to those ordinances, these are those changes in order to allow us to
pursue our job.
Mr. Plummer: OK, I understand what you're saying but, you know, we all know
that the vagrancy law was thrown out. We all know that the loitering law was
thrown out. Now, some of the things that I've read - does anybody on this
Commission got a copy of that ordinance?
Ms. Beth Sackstein: I do.
Mr. Plummer: No, no, no, on the Commission. -
Mayor Suarez: No, no, that's not the question. It's to the Commissioners.
Mr. Jorge Fernandez: It's in the packet, it's item 29.
Mayor Suarez: I asked for it and got it because I was getting calls from -
everybody in the whole United States it seemed like. _
Mr. Plummer: You know, what I read in the paper, which I never put gospel
into, but there were a number of items that were mentioned in that article
which today we already have ordinances, I'm sure that of laws, that address
the issue. I mean, it's still to my knowledge and not only indecent and
immoral, but against the law for urinating in public.
Mayor Suarez: That's exactly the question that I wanted to ask and maybe
lieutenant or the City Attorney, don't we have ordinances or laws, state or
county or City, that already prohibit that kind of conduct on City streets?
Mr. Plummer: Well, the Police Department today addressed it as a sexual
offence, I know that's how they're dispatched for somebody urinating on the
street. _
Mr. Fernandez: Mr. Mayor...
Mr. Plummer: I question that it's a sexual offense but...
Mr. Fernandez: In drafting this ordinance we observed guidelines established
in cases that have gone all the way through the appellate level in the federal
courts. In the case of Hershey versus the City of Clearwater, a case coming
out of the State of Florida, also we've patterned our ordinance that we're
proposing to you this morning after an ordinance that has been sustained in
the City of Orlando which reads very, very similar, if not identical to the
one that we're proposing today. The concern is that we don't have anything
a right now in our code book that would give our Police Department the ability
to enforce any of the issues or any of the activities that we enumerate in the
ordinance that we're proposing.
Mayor Suarez: Except those that talk about doing damage to public property.
I would think we'd have an ordinance on that.
Mr. Fernandez: Well, there we could use state statutes to deal with them that
way.
Mayor Suarez: And that is one of the provisions in the ordinance and we
already have that in the books so we can ahead and proceed with that. The one
that talks about cooking, I would think that that's prohibited by many state
ordinances - I mean state statutes and ordinances.
Mr. Fernandez: It is not an uncommon practice for a municipality to reflect
in passing its own ordinance already established state law so to the extent
that we are mirroring or reflecting established state law, we are not doing
anything out of the ordinary.
Mayor Suarez: And that the ones that have to do with the Commissioner was
concerned as I am, I think the entire Commission and the community, with
urinating and defecating on City streets. If we don't have an ordinance that
says that, we certainly ought to have one and I'd have no problem having the
administration come back with an ordinance that proposes that. If we take out
6 November 3, 1988
all the provisions that deal with the persons ability to sleep somewhere in
the bushes or making a little shelter for themselves or something, I mean, you
got to sleep somewhere if you don't have a home. That's...
Lt. Longueira: Mayor, the issue is, re know that there's a possibility we can
enforce laws for urinating and defecating in the street. We have to...
Mayor Suarez: But you need a specific City ordinance, I've agreed with you on
that, Lieutenant.
Lt. Longueira: We have to observe that violation, OK?
Mayor Suarez: You have to observe it?
Lt. Longueira: We have to observe it.
Mayor Suarez: The violation of it?
Lt. Longueira: Yes. Nine out of ten times, we do not - 99 out of a 100
times, we do not observe that violation. The violation we observe...
Mayor Suarez: I see, so you've drafted it...
Lt. Longueira: ... is the camping or living in the area...
Mayor Suarez: I see.
Lt. Longueira: ... that results...
Mayor Suarez: You're saying you need an indirect way to attack the same thing
because you can't prove that they were, in fact, doing the acts that we'd like
to prohibit.
Lt. Longueira: Yes.
Mayor Suarez: Well...
Mrs. Kennedy: But, Lieutenant, my problem and the Mayor asked for comments a
little while ago, my problem with this ordinance is that the only thing it
does it gives the Police Department a legal way to sweep the people off the
streets and many of these people are not there because they want to be.
They're there because - well, if you look at the statistics, 42 percent are
from the Viet Nam or war veterans mainly from the Viet Nam era. Ten percent
are children, half of which are under five.
Lt. Longueira: I'm a Viet Nam veteran, Commissioner, and you've tasked this
Police Department with doing that job. If you would like us to get out of
that business, then arrange an alternative for us.
Mrs. Kennedy: Well, the alternative is...
Lt. Longueira: You've tasked us to address that.
Mrs. Kennedy: The alternative is to have more shelters and half way houses
and...
(Applause)
Lt. Longueira: But that's not a police issue. I get letters all the time
that we have to respond to from all of your offices on this issue.
Mrs. Kennedy: I understand, it's a concern of the downtown merchants, it's a
concern that all of us have.
Lt. Longueira: But, if it's not a police issue then why do you send the
letters to the Police Department to address?
Mrs. Kennedy: Well, let's say it is a police issue, in the year. 1986, the
Police Department arrested 8,000 homeless. The average - Lieutenant,
Lieutenant, I'm talking to you - the average cost and all this, it's... we
have proof of all this, the average cost of those 8,000 people was $300 per
person which means that the City spent $2,400,000 for what? To keep them in
jail for just a few minutes? I don't understand that.
7 November 3, 1988
f
Mr. Odio: Commissioner, the problem that we face is a policy decision. We
are not supposed to be dealing with homeless, period. The county government
is charged with that responsibility and that's where the responsibility lies,
not in us. The Police Department, all that they can do is reply to
complaints, we get calls daily complaining that people are sitting in their
doorstep and they're impeding the business and, therefore, the Police
Department has to react to that because they are taxpayers calling us saying,
we have problems. The homeless issue has to be separated from this issue
completely, I believe. Like I said, the responsibility lies in the county.
They have a responsibility for the homeless and we should...
Mr. Plummer: You know, Cesar, I think one of the problems, most of the
complaints that I get are not complaints that really are addressed to this
particular ordinance or this issue. The people that I think that are the
concerned are the people like the window washers. Women have called my office
that are petrified that some guy late at night is coming up to their car
Insisting on doing whatever and I think that's what we need to address. Now,
as far as sleeping on the street is concerned, I think this community would
like to see that that doesn't happen but, here again, Dade County welfare is
Dade County and that's where it's got to be addressed. When we turned that
over to them with other things, that is their problem. It's all of our
problem, but they have the funding to address the problem. Now, you know,
ordinances in relation to trespassing, a person gets onto someone's property,
I think you can enforce that. The cases they you've been pursuing with window
washers, my understanding is that program that was instituted by DDA of the 20
who started within one week, they were down to like two or three who are still
on the, so called, job.
Mayor Suarez: I'd like to contradict you on that and give you a full report,
if I may...
Mr. Plummer: OK.
Mayor Suarez: ... because I think it touches upon what you're saying and
constructive solutions to some of these problems and that's why I had a little
argument here with Beth about the Miami Coalition for care to the homeless
being the designated agency, quote, unquote. The whole point is that we're
trying to clarify to the public is that the county is, in fact, the
governmental designated agency to handle funds that have to do with social
services. The state, and the representative is here, are very interested in
this issue is helping and trying to find funds where ever they can be found
and so is the federal government. But the City has, not only as in policy
decision which is what the Manager stated, but it's just a matter of
resources, pretty much an inability to deal with the problem of the homeless.
We're trying to and in the case of the window washers, let me tell you that I
have a magnificent report, there are 13 window washers still at work out of
the 17 that began the program and yesterday we had a job service mart or
whatever you call it for them. Twelve have obtained full time employment so
that....
(Applause)
Mayor Suarez: ... to me is an example of a constructive way to approach the
problem. And I took a lot of phone calls to a lot of agencies, governmental
and private, to try to get these people connected to employers that could
actually hire them. And it's not easy because a lot of times they don't have
a place to live so they can't be hired because they don't have any place to
live and they don't have a place to live because they don't have a job to get
income to get that place. So, it's not easy and agencies and coalitions,
we're happy to have your support, we're happy to work with you but the key is
governmental resources and what we're trying to say to the people of Miami is
that the way that the government structures been set up, the county has that
primary responsibility and have the primary resources and we just want you to
know that because a couple of the Commissioners here are - want to be very
clear on that, that that's where the resources are going. We have 90 percent
of our budget is going to police, fire, solid waste, parks, building and
zoning and public works. That's just the way that this structure was set up
and trying to explain this to the media yesterday, USA Today and all of these
New York Times and so on, I said we have an overlapping jurisdiction with the
county. The county taxes the citizens of Miami, takes that money just like
the City does and uses it for their purposes. We're not supposed to have
8 November 3, 1988
-V a
duplication of services with the City and the county but unfortunately, we do
and that is creating inefficiency for all of us. In the meantime, that is the
way the governmental structure has been set up and it would be very important
if the coalition goes to the county and fights it out with them. As you know,
Beth, we had a meeting with Mayor Clark and Brother Paul, thank God, was there
because it seems like the only statistics that anybody has that are any good
on the issue of the homeless in Miami, always seems to come from you, and so
on. So we're working with that parti....
Ms. Sackstein: But we really need to, as all citizens enforce the county's
responsibility...
Mayor Suarez: Thank you.
Me. Sackstein: ... and I think, if you're having a lot of the problems, we
have to enforce it. We have to get together with them as a group and that's
what we have proposed.
Mayor Suarez: And notice that. That's another very important point that this
Commission has been pointing out, the problems almost always end up having the
City as a venue, the jail facilities, the treatment facilities, we're very
happy to have better way but we have so many agencies like you in that Wynwood
area and in Edgewater, that the citizens get to the point, they say, my God,
it seems like we live in an area that is got all the treatment facilities in
the world and we're surrounded by people who have addiction problems. How
about the rest of the community? As we told Roxcy one time, how about the
Coral Gables, how about Miami Beach, how about Hialeah, how about the county
and the unincorporated areas. The jail facilities are almost all in the City.
And our citizens, the inner -City residents that we represent on this
Commission have told us in rather clear terms that they don't want more jail
facilities, they don't want more treatment facilities. They understand the
problem but, you know, the City...
Ms. Sackstein: How about public bathrooms? We need public bathrooms. That
would keep people from urinating on the streets.
Mayor Suarez: Beth, that's where the whole thing becomes silly, I mean, in
other words, if we don't try to solve the problem, it's going to still impinge
on the citizens of Miami anyhow and the downtown merchants and so on. We've
got to solve the problem and we're happy to work with you - don't take me
wrong...
Ms. Sackstein: Right, I know.
Mayor Suarez: ... and we're particularly happy you brought with you a state
representative and a 21 billion dollar budget I think this year. The federal
government has a trillion dollar budget, I want everybody to know that, a
trillion dollar budget and they should be helping us to address the problem of
the homeless. There's no reason why there should be one homeless person in
this country with the resources that we have. That's the simple matter. But,
in the City, I'd suggest, Mr. Manager, unless the Commission feels otherwise -
Madam Vice Mayor, you might want to make the motion if that's the way you
feel, that we could send this back to the administration to review the
ordinance and see what elements of that ordinance are really needed, Mr.
Manager, and that you would recommend to us because we don't have them now in
the law and what elements are simply an effort to say that we can arrest
people for quote, unquote, sleeping on the sidewalks. (Tape 2) Frankly, I
cannot vote in favor of an ordinance that would say we have a right to arrest
someone because they're sleeping on the sidewalk because that just... you
know, that cannot be an illegal act if they have no where else to sleep. So
the ordinance would have to be brought back with the provisions that would
prohibit the clearly antisocial acts, that things that are clearly something
that we cannot allow and that would enable us to pick up people and process
them in a situation where they're creating damage or nuisance to the public in
general and that's what I would suggest we do.
Ms. Sackstein: And, Mayor, we would request, as the coalition, to be involved
in reviewing it...
Mayor Suarez: Absolutely, you don't...
Ms. Sackstein: ... and working with it, because...
9 November 3, 1988
Mayor Suarez:
We can build that into the motion if you'd like.
Mrs. Kennedy: And I'll be very happy to move that.
Mr. James McDonald: Mr. Mayor...
Mayor Suarez: So moved. Do we have a second on that? I'll second it.
Mr. Plummer: Motion made and duly seconded, motion understood. Any further
discussion among the Commission? Hearing none, briefly from the public,
briefly.
Ms. Sackstein: I just Mould like to present this to you as...
Mayor Suarez: Wait, wait...
Ms. Sackstein: OK.
Mayor Suarez: Wait, I think he's pointing at Jim this time, Beth.
Me. Sackstein: OK.
Mr. McDonald: Thank you. My name is James McDonald, I'm on the board of the
Downtown Business Association and also I'm chairman of the professional
council of the DMBA which is made up of attorneys and accountants and other
professionals in the downtown area. We have targeted the homeless as an issue
that we want to deal with, that the Downtown Business Association is going to
deal with and we do look to the City Commission. I heard what the Mayor said
and we understand that the County has the primary responsibility. The fact of
the matter is, the downtown business people pay a significant portion of the
taxes for the City. The police are tax supported by the downtown people and
we're not getting the service that we want. We have to come to this
Commission. We feel that the Commission - and we'll be back again - we've got
other issues that we're going to bring back to you - that this City has got to
address the issue of the homeless. That it cannot just say it's the county's
responsibility because it impacts downtown. It impacts in the park, the
Bayfront Park. I understand they're now camping out in the amphitheater.
That has become a place to camp out for the homeless. And we use the term
homeless, I'm not sure how it's defined, we know, downtown, that there are
people that are committing crimes downtown. They are...
Mrs. Kennedy: Let me just correct that statement, not in the amphitheater.
We found one person sleeping in the bushes but not in the...
Mr. McDonald: OK, I heard it from - I got it from the Police Department, they
just said they're beginning to find....
Mrs. Kennedy: Well, because they see the whole park at the amphitheater, but
I took the Police Department there myself.
Mr. McDonald: OK, anyway, we think it's an issue that is not going to go
away. But it's not going to go away also to the merchants, they're trying to
earn a livelihood downtown and we've got the new Arena and we can't just say
that this county is going to take care of it because the people - I don't know
of women and children that are living downtown but I do know of people that
are committing crimes at night. They're breaking into Burdine's, they've
broken into Burdine's in the last month. Burdine's that was going to spend
$30,000 on the light up of the demonstration project is no longer going to
spend it because of the losses they've incurred so we consider it an issue
that's vital to downtown, to the future growth of downtown and we have to come
to this Commission because you are the elected representatives that are
primarily concerned with downtown and if we want a downtown Miami that is
going to be this vital center that we want it, we have to deal with the issue.
We supported this ordinance, not because we think that that is the solution,
and that isn't the solution, but that we have to address it at different
levels and one is for people that work downtown, they can't have people
sleeping in their doorways harassing the people. You can't have it at night,
you can't this happening. On the other hand, we do know we've got to have
homes for the homeless, we've got to deal with that. We're going to come back
to you in a month, we're going to ask the City to address the issue of a
coordinator for the homeless, someone working in the City because we feel it's
10 November 3, 1988
vital that the City take the lead. If the county isn't doing it, then the
City's got to take the lead and that's why I say, we're going to be back and
we'll be talking to you again. Thank you.
Ms. Sackstein: Mayor, we invite the downtown businesses to be part....
Mrs. Kennedy: I understand....
Mr. Plummer: Whoa, whoa, whoa, please.
Mayor Suarez: Please, please, please, please. —
Mrs. Kennedy: You and I have met many times to discuss the issue downtown. I
understand exactly what you're talking about, but what I'm saying is that this
is not the solution. If the City...
Mr. McDonald: I agree.
Mrs. Kennedy: ... in 1986, would have taken the two and a half million
dollars and put it into a facility. You know...
Ms. Sackstein: Yes.
(Applause)
Mrs. Kennedy: Then they would be permanently off the streets which is the
ultimate goal.
Mr. McDonald: We agree this is not the solution.
Mrs. Kennedy: It's not the way to do it.
Mr. McDonald: But it's a multi faceted problem and we're not blind just
saying we want the vagrants, we want the homeless off the street, that's not
the way the Downtown Business Association's looking at it. We're looking at
it because we know it's a long term problem - not only for the City but for
the County - and we're going to commit our resources to working for a
solution. Thank you.
Ms. Sackstein: We invite them to be part of our brainstorming to find up
solutions.
Mr. Plummer: Ma'am, would you like to speak?
Ms. Sackstein: Yes, I've been standing up here to speak for a long time.
Mr. Plummer: Are you finished, sir?
Mr. McDonald: I'm finished, thank you.
Ms. Sackstein: I haven't had a chance.
Mr. Plummer: All right, you have your two minutes.
Ms. Sackstein: Thank you. Basically I just believe, I thank you for coming
to this conclusion today but also we have to have more publicly - we are the
only place in the nation, the only major City that does not have a publicly
funded shelter. This is really unbelievable because we are such a large City.
Also, we have no public bathrooms, no public showers, no public day facilities
and if we basically need to solve this problem, we need to work on it together
to try to come up with a creative solution and one that doesn't involve
jailing and wasting dollars that particular way. We agree, it is an eyesore
to see people on the streets but it's more of an eyesore to see people
suffering on the streets, for that main reason alone. So, basically, we do
believe that it is a problem if people are breaking the laws they should be
punished and put into jails, but not just for the mere fact of being homeless,
that shouldn't be a crime. The crime is more that society has come this far
to allow this many people on our City streets and we do have to work together
and if it's the county, we need to enforce the county but they are in our
City, so the City has to become part of the solution. We can't just keep
sitting back and letting it become this way. It's a national crisis and we're
experiencing it in our own cities on every single level. Basically, I have
11 November 3, 1988
here before me a group of over a hundred and so signatures from street people
last night that really do want you to come up with a solution. I walked the
streets myself and got these signatures and they basically were saying,
please, represent us, be our voice, go before the Commission and let them know
we don't want to be on the streets. We didn't choose to be here. I've talked
to people who have had their goods stolen and other people that were in a job
and just couldn't make it on $3.35 an hour. So there are many, many, many
reasons why people are on the streets. It's not just the one type of person
that most often is thought as a skid row alcoholic, this is a young population
of people that do want to work and do want to make a difference.
Mr. De Turre: Excuse me.
Ms. Sackstein: So we have to work together to do something, I present this to
you.
Mr. De Turre: OK.
Mayor Suarez: That's ordered into the record. Give it to the City Clerk.
Mr. De Turre: Cesar, how much money do we get annually, round figure, that we
pass on to the county?
Mr. Odio: Well, we apply for grants and last year we received $300,000....
Mr. De Yurre: Which we just directly pass it to the county.
Mr. Odio: ... and we passed it on to the county because it...
Mr. De Turre: Is that pretty much on an annual basis we get that kind of
money or is it....
Mr. Odio: No, that was a one shot deal that we got because we applied for a
grant.
Mr. De Yurre: Well....
Mayor Suarez: And let me clarify her statement, although it is not completed
yet, I think it is the first time that the City or county or anyone has used
monies, homeless monies, to help build a family shelter and that was approved
by the Commission a few months ago and I presume and believe...
Ms. Sackstein: CCSA.
Mayor Suarez: ... that it's on it's way so that's sort of a correction of
your statement that there are no shelters.
Mr. De Yurre: OK, Mr. Mayor, what I'm trying to lead to is the following. Is
it possible that we can continue on an annual basis applying for these
grants...
Mr. Odio: Yes, sir.
Mr. De Yurre: ... and obtaining these monies?
Mr. Odio: Yes, sir.
Mr. De Yurre: Would it be possible then because I think that the City might
have a problem and it might not be cost effective for us to maintain that type
of facility.
Mayor Suarez: We don't maintain it.
Mr. De Yurre: Could we study possibly....
Mayor Suarez: The Commission has made clear that we don't pay the operating
costs, the social service agency is committed to doing that.
Mr. De Yurre: That's right. OK. Well, would it be possible then to study
the possibility of saying if we get $300,000 a year, giving it to an entity
like Camillus House to help run their program and be able to enhance the
services they provide, something along those lines?
12 November 3, 1988
Mayor Suarez: Sure, sure.
Mr. Odio: Yes, it's the City Commission's choice. If you want to do that,
yes...
Mr. De Yurre: And that can be our contribution towards helping...
Mr. Plummer: Well, the only problem that I think that I want to caution is,
Is that it's not a guarantee annually renewed.
Mr. De Yurre: No, certainly, it's not. It's whatever we get.
Mr. Plummer: That's the problem. No, the problem is that if we give any
entity X number of dollars from a federal grant this year, they establish that
program, next year the federal grant doesn't come through then we're the bad
guys for not giving funding to keep the program on going and that's always a
problem.
Mr. De Yurre: Well, I think our commitment would be that we would use our
best efforts to apply and obtain these funds and just...
Mr. Plummer: That's fine.
Mr. De Yurre: ... funnel it to them.
Mr. Odio: If that's clearly understood up front, yes.
Mr. De Yurre: And then they if they understand and we're talking about
dealing with intelligent people, they understand what our position is and that
we're trying the best we can to provide them the resources, economic resources
to help alleviate this situation.
Mr. Plummer: Do you have any concluding comment?
Ms. Sackstein: I just forgot to - since we were all going back and forth, I
didn't have for the record, they were asking my name. I'm Beth Sackstein, I'm
president of the Miami Coalition for Care to the Homeless.
Mr. Plummer: Thank you.
Ms. Sackstein: OK.
Mayor Suarez: Commission, if I may just add one thing. I don't want people
to get the impression what we have stated today is the full extent of what
City Commissioners and staff and myself do on the issue of the homeless. We
have many agencies that are applying for homeless monies from the federal
government through the City of Miami, in using our resources, in using our
name, in using whatever influence we may have. And one particular one that I
want to bring to your attention, of course, is the Urban League of Greater
Miami but that's just one of many. And, frankly, the idea of a joint public
' and private effort to tackle this is the best idea that has come along in a
long way. I know Brother Paul...
Ms. Sackstein: So you accept our meeting?
Mayor Suarez: Yes and...
Ms. Sackstein: Good.
Mayor Suarez: Yes, but you're not exclusive. We work with many, Beth,
frankly.
Ms. Sackstein: Well, I said in the bottom here it says, and anybody you want
to be there.
Mayor Suarez: Right and - no, no, no, but I mean as far as designating, we
work with you, the Coalition's been great. We work with the Urban League, we
work with Camillus House. As Brother Paul himself has stated, the national
trend is in favor of having governmental monies to the extent they can be
found applied to local community based organizations. That's the way it
works, that's the way the dollars have a multiplier affect and that's the way
13 November 3, 1988
the problem gets resolved. Because government is traditionally kind of
Incompetent to solve these kinds of problems by itself.
Ms. Sackstein: Just so you understand what the Coalition is, Camillus House
Is a member of the Coalition, the City is a member of the Coalition...
Mayor Suarez: I understand.
Ms. Sackstein: It's a group of all concerned citizens, governmental agencies.
Mayor Suarez: We're happy to have Coalitions involving all the groups.
Me. Sackstein: Right, so that's what it is.
Mrs. Kennedy: Beth, then I will be very interested in serving there too. You
and I have been working together for a year now and I would be very interested
to be the City liaison...
Me. Sackstein: Right, and you've been wonderful. Well I thank you so much.
That's wonderful, I really appreciate that. Thank you.
Mr. Plummer: Mrs. Bolton.
(Applause)
Ms. Roxcy Bolton: My name is Roxcy Bolton. I live at 1302 Alhambra Circle in
Coral Gables. Mr. Mayor, general persons, I'm here today to continue my
concern for the homeless. As some of you may remember, I founded Women in
Distress at 122 N.E. 24th Street which was the first women's rescue shelter in
the country and at 122 N.E. 24th Street today, it's a shelter for AIDS
victims. We deeded it in 1978 to the Salvation Army and it started operating
this week as a shelter for AIDS victims. But that was the first rescue
shelter for women in the country. I know a small amount about what goes on on
the streets as far as homeless people are concerned, because, in those days,
and along with the Miami Police Department, Lt. Gonzalez and others, I went
out and picked up women that were sleeping on a park bench. Her only crime
was she was homeless, she was without a place to stay. I went to the jail to
find out what the charge was without a place to stay. Her only charge was
homeless, without food. The police officer would say, Mrs. Bolton, it's far
better to arrest her and take her to jail than it is to leave her on the
streets. So I'm here today because I know a little bit about what happens on
the streets and my concern is the same as it was when I met with you, Mayor
Suarez, early on in your administration. The City of Miami must, must be a
beacon in this county for the homeless. As I talked about then, a large
tremendous warehouse that can be converted into a shelter for the homeless
that can go there at 5:00 o'clock in the afternoon with a number and get their
bed and their food for the night. My thought then, my plan then remains the
same. Unless we do something in the City of Miami that is really dramatic,
that moves far beyond what anything that has been done in the past, we're
going to have the same problem the City of Miami's going to have the same
embarrassment of everybody and it was the biggest news in town. I mean,
people...
Mayor Suarez: By the way, Roxcy, after we had the little crisis last year and
certain brothers of the Good Shepherd brought to the national attention the
issue of how we had picked up and processed some of the homeless and I think
he was right about that particular issue...
Ms. Bolton: And Rosario...
Mayor Suarez: We did, in fact, begin using the Miami Stadium and have used it
for at least one sweep. There's been no other sweeps that I'm aware of and
now what you're calling for, of course, is a permanent facility, like a
permanent warehouse and that's an issue that also has been brought to our
attention lately. Frankly, that's probably going to have to go somewhere in
unincorporated Dade and it's going to be very difficult to find a location in
the City of Miami, but we would like to work with you on that too.
Ms. Bolton: But look what Rosario did. Sister Rosario went out and got on
her tractor and tore down the crack houses and made this town a better place.
I mean, if you have to borrow her tractor to go and do something in terms of a
permanent place for the homeless, by all means Rosario would you loan him your
tractor?
14 November 3, 1988
Mr. Plummer: It was a bulldozer.
Mrs. Kennedy: Well, I have to think about it....
Ms. Bolton: Bulldozer.
Mr. Plummer: It was a bulldozer.
Ms. Bolton: Well, I'm a farmer so, you know, we think of tractors as a way of
life. Mayor Suarez, I know...
Mayor Suarez: Well, we're going to try to get her to now start laying some
bricks after she's finished tearing down buildings and we can start building
them up again, eh?
Me. Bolton: Mayor Suarez, you expressed a concern when you were first elected
about the homeless. Now, today, we need some concrete action. Perhaps, as a
woman...
Mayor Suarez: Wait, let me clarify one point on that because that's not quite
correct. I happen to have a concern for the homeless, Roxcy, and I think all
the Commission does. But that was not what I was talking about during my
campaigns. I talked about affordable housing for the working poor and I want
you to know that as far as I can tell right now, on a per capita basis, Miami
leads the nation. I was just in Houston and the list people put a
presentation together on affordable housing projects and we have more going on
a per capita basis, I think, than any other major city. But that's... -
Ms. Bolton: That's veering off course a little bit.
Mayor Suarez: ... slightly different problem, it has to do with people who
are working poor and who are able to pay a little bit for their home. That
keeps people from becoming homeless.
Ms. Bolton: Yes, but we're talking about what's already on the streets.
Mayor Suarez: But it doesn't address the problem of the person who doesn't
have a job, who may have an addiction, who may have a dependency and who needs
that first little shelter or home or whatever.
Ms. Bolton: Right, those people on the City of Miami streets are our third
world people. This country supports third world countries and we should.
Those defenseless, homeless people that are out there, men and women, are our
third world citizens of this community. It's incumbent upon the City of
Miami - would you appoint, Commissioner Rosario Kennedy...
Mayor Suarez: Surely.
Ms. Bolton: ... as a person that will spearhead this. She has proven that
= she has a track record. Women will join with her and we'll get perm...
- (Applause)
Mayor Suarez: She's kind of... I think she's doing that de facto, if you want
du jour, we'll be happy to make it official.
Ms. Bolton: We'll get a permanent shelter but we've got to have a leader.
Mayor Suarez: And keep in mind that...
Ms. Bolton: Just like the City of Miami has a leader in you...
Mayor Suarez: As we told you the last time, keep in mind if the Biltmore
Hotel doesn't work out for any other purpose that it's still an awfully nice
looking facility.
UNIDENTIFIED SPEAKER: Right.
Ms. Bolton: You have my sole support.
15 November 3, 1988
V
Mr. Plummer: It was a bulldozer.
Mrs. Kennedy: Well, I have to think about it....
Ms. Bolton: Bulldozer.
Mr. Plummer: It was a bulldozer.
Ms. Bolton: Well, I'm a farmer so, you know, we think of tractors as a way of
life. Mayor Suarez, I know...
Mayor Suarez: Well, we're going to try to get her to now start laying some
bricks after she's finished tearing down buildings and we can start building
them up again, eh?
Ms. Bolton: Mayor Suarez, you expressed a concern when you were first elected
about the homeless. Now, today, we need some concrete action. Perhaps, as a
woman...
Mayor Suarez: Wait, let me clarify one point on that because that's not quite
correct. I happen to have a concern for the homeless, Roxcy, and I think all
the Commission does. But that was not what I was talking about during my
campaigns. I talked about affordable housing for the working poor and I want
you to know that as far as I can tell right now, on a per capita basis, Miami
leads the nation. I was just in Houston and the list people put a
presentation together on affordable housing projects and we have more going on
a per capita basis, I think, than any other major city. But that's...
Ms. Bolton: That's veering off course a little bit.
Mayor Suarez: ... slightly different problem, it has to do with people who
are working poor and who are able to pay a little bit for their home. That
keeps people from becoming homeless.
Ms. Bolton: Yes, but we're talking about what's already on the streets.
Mayor Suarez: But it doesn't address the problem of the person who doesn't
have a job, who may have an addiction, who may have a dependency and who needs
that first little shelter or home or whatever.
Ms. Bolton: Right, those people on the City of Miami streets are our third
world people. This country supports third world countries and we should.
Those defenseless, homeless people that are out there, men and women, are our
third world citizens of this community. It's incumbent upon the City of
Miami - would you appoint, Commissioner Rosario Kennedy...
Mayor Suarez: Surely.
Ms. Bolton: ... as a person that will spearhead this. She has proven that
she has a track record. Women will join with her and we'll get perm...
(Applause)
Mayor Suarez: She's kind of... I think she's doing that de facto, if you want
du four, we'll be happy to make it official.
Ms. Bolton: We'll get a permanent shelter but we've got to have a leader.
Mayor Suarez: And keep in mind that...
Ms. Bolton: Just like the City of Miami has a leader in you...
Mayor Suarez: As we told you the last time, keep in mind if the Biltmore
Hotel doesn't work out for any other purpose that it's still an awfully nice
looking facility.
UNIDENTIFIED SPEAKER: Right.
Ms. Bolton: You have my sole support.
15 November 3, 1988
Mayor Suarez: I told that to one of your commissioners the other day and he
almost fainted.
Ms. Bolton: Mayor Suarez, thank you for caring and being concerned. I pant
you to care a little bit more, I want you to care enough to get the people off
the streets of Miami and not have this community demean those citizens out
there that are concerned about this. The leadership comes from here, from
this Commission. Are you naming Rosario to head this up and make it happen?
Mayor Suarez: Surely.
Ms. Bolton: Thank you, air.
Mrs. Kennedy: Thank you, sister Roxcy.
Mr. Plummer: All right, I would ask anyone to please speak to the motion on
the floor. The motion on the floor is to send this ordinance back to the
administration and Legal Department to refine it and come back with other
recommendations. So I would ask if you wish to speak that you speak to the
motion on the floor. You're next.
Me. Patty Allen: OK. I'm Patty Allen, I'm director of the Downtown Business
Association and I agree with you, Commissioner, that the ordinance should be
revisited. The solution again is not to jail the homeless, I think what we're
hearing from the business people, we have La Epoca here, Burdine's, City
National Bank, most of the downtown businesses and merchants. They're
concerned about the homeless and it's a long range problem and we all feel,
the Coalition for the Homeless, which we are a part of, that it is partially
the City's responsibility. You might not have the resources, but you guys
have to take leadership in this. We've tried, in our own ways during, you
know, the different agencies, right now the Downtown Business Association has
a job developer that's paid by Camillus House. OK, now that's a weird
marriage but it's working out. In two months, we've acquired 25 jobs for
these people in downtown hotels. OK, so it can happen. We just need some
leadership and we need someone that we can funnel all this information to that
we can't in the City right now. It doesn't exist. We need a person, we need
a point person from the City of Miami. The businesses are willing to put
their parts, the attorneys are willing, the social service people are willing,
but we need a point person.
Mr. Plummer: Thank you.
Mr. Dawkins: Mr. Mayor, Mr. Mayor, I've tried not to say anything because
every time I say something, it comes out negative and everybody seems to think
that I'm anti this because I don't fit the mold. But the problem is not mine.
The problem was created by your president. When your president fired the air
traffic controllers, he started a movement that threw many people out of work.
And as those people went out of work, they became homeless. They could no
longer support their families so, therefore, they went on the streets. They
could not provide clothing and what have you, they left their families. It's
the federal government's responsibility to help us meet this. But you people
do not go to the federal government, you come here and you beat up on us
because we are not concerned. We are concerned, but we have limited resources
with which to work with. Now, these Coalitions haven't said anything about
going to Washington and telling whatever administration that comes in, we have
a major problem. And you created the problem by having people without jobs,
without feeding people and as Roxcy said, you are more concerned about third
world countries and you give less than a damn about home. Take care of home
and then worry about what you can do overseas. So now all of you, I'm willing
to go to Washington with you anytime you get ready to go and when we go, I
want you to help me explain to the federal government that I have a problem in
Miami that you created. And when you do that, you got me.
Mr. Plummer: All right.
Ms Sackstein: That's perfect, that's exactly what we want to do, but we need
a person.
Mayor Suarez: Commissioner, I just want to answer one of her points here.
Not directly related, but I want you to know that if you're telling us what
our responsibility is, let me tell you what the Downtown Miami Business
Association's responsibility is. You're concerned about law enforcement, I
16 November 3, 1988
told you that the other day at the meeting that we had. The Downtown Miami
Business Association represents a group of merchants that have private
security, I don't know how many people doing private security, I don't know
what resources, I would love to add them up and you, frankly, you should have
that figure, Patty. You should add up what everybodies spending and explain
to them that if they figure out a way not to find resources, but just to
network the existing resources, you would be able to do a heck of a lot about
law enforcement in downtown Miami. We have a responsibility, I understand, on
the issue of law enforcement to have more visibility for our police to replace
them when they go off to court and all the other things. But you have a
responsibility too to get your act together on that. And that'll prove to us
that you mean business and after our meeting I was over there one night and
went by Nathan Rock's operation and there was a guard there and that guard
doesn't know how to communicate with other security guards downtown, he
doesn't know how to communicate with the police. We'll work on our end, but
you've got to do what your responsibility is to organize the merchants and use
the resources you have on the issue of law enforcement which is what Jim was
talking about. And, of course, the issue of the homeless still remains.
We're happy that you're working with the Coalition and the City, I think, is
now that much more involved in the issue of the homeless, but everybody's got
responsibilities and I want to clarify them.
Mr. Plummer: Brother Paul.
Brother Paul Johnson: Brother Paul Johnson the director of Camillus House at
726 N.E. 1st Avenue. I thank you for the opportunity to talk to you now.
I'll make it very brief. I agree with Commissioner Plummer that this should
go back to study. I wouldn't like to see it decided today if you please. I
oppose it as written. I think it's untimely that this came up now. Not only
did I receive my tax bills yesterday, or day before, for $12,000 to the City
of Miami, but it's just a few days before the Miami Heat opens. I think both
of these things are untimely. That's all comment I have to make about that.
Mr. Dawkins, I appreciate your opinion about federal money. I would like to
tell you, and I'm proud to tell you, that I paid to send Beth Sackstein to
Washington, I paid to send Beth Sackstein to Atlanta. I'm sorry I didn't know
that you were willing to go. We would have all gone together. And from that,
we received a $600,000 federal grant which is already in use at Camillus House
for a two year program to meet the medical needs of the homeless. We've got
our foot in the door, we're hoping to get more federal dollars and we know
we'll have your support when that time comes. I also would like to say that
Camillus House spends a million dollars a year on this program on homelessness
and our contributions come from 37 states other than the State of Florida and
six foreign countries making up over a million dollars a year. We're also
committed to spending over five million dollars a year, if you'll let us do
it, in the City of Miami, to try to come up with something that is innovative
and futuristic to meet the needs of homeless people.
Mr. Dawkins: Brother Paul...
Brother Paul: Any questions, yes.
Mr. Dawkins: ... I'd just like to say, that's part of my problem. My
problem, OK?
Brother Paul: Yes.
Mr. Dawkins: You went to Washington and they gave you, and pardon the word, a
lousy $600,000 to attack a billion dollar problem.
Brother Paul: You're right.
Mr. Dawkins: OK? Now, then they come back and they give Dade County another
hundred thousand dollars, then they give the City of Miami $200,000 and then
this federal government of mine, is supporting everybody all around the world,
then they give Hialeah $50,000 and then they tell the world, we are trying to
address the problem of the homeless. That's a lie. If we had somebody to sit
down and coordinate this and tell the federal government, this is what we need
and this is all we will accept, then we could get something done and that's
all I'm saying Brother Paul.
Brother Paul: I would also like to suggest that the committee made up include
not only the Coalition, the local Coalition of which I'm a member and very
17 November 3, 1988
close to the president, but I think it also should be made up of - it should
be something that includes the providers, it should be street people involved
in it, it should be the Police Department, it should be the Downtown Business
Association, it should be the City Commission, it should be everyone involved
in this and I think, perhaps, if the City, if you, Mr. Mayor, set up this
committee and made it over and above the Coalition, I like the Coalition, but
the Coalition doesn't have enough clout yet. It doesn't have enough strength,
enough force. I think if you set up something like that and made sure that
the Police Department's there, made sure that the providers are there, I think
It can be worked out because we worked...
Mayor Suarez: Yes, and I would like the Vice Mayor Kennedy to head that. I
think it makes...
Brother Paul: Absolutely, I'd love the idea.
Mr. Dawkins: Let me ask a question...
Mr. Plummer: Commissioner Dawkins.
Mr. Dawkins: OK, let me ask a question. Everybody in here, why is it that
everybody wants the City of Miami to be responsible for this when the mother
hen is Dade County? Dade County is the mother hen for 27 municipalities.
Everything that we do has to be rubber-stamped by Dade County. So I don't
understand why the City of Miami could not be told to demand that the county
work with it in order to solve this problem rather than everybody coming here
looking at us five as if - we can't solve the problem by ourself. We have to
have the county riding herd, but there, just like I told you about the federal
government, we have to let the nine people who sit there know that you are
part of the county too in the City of Miami.
Mrs. Kennedy: Commissioner Dawkins...
Mr. Dawkins: No, let me hear, yes Father.
Brother Paul: Mr. Dawkins, what we have to do in the City of Miami and I'm a
resident of the City of Miami for almost 12 years....
Mr. Dawkins: I am too, and a taxpayer.
Brother Paul: ... is that we have to be strong enough to go to the county and
say, we want this done.
Mr. Dawkins: I agree with you, I couldn't agreement more. I couldn't agree
with you more, sir.
Brother Paul: But, by the same token...
(Applause)
Mr. Dawkins: I couldn't agree with you more.
Mrs. Kennedy: Let me also say something to that effect, Commissioner Dawkins,
two days ago I went to the county and asked for a shelter for the Nicaraguan
refugees. We finally got a building. Why can't we, this City, go to the
county with all of these organizations and some of the homeless, and put the
pressure? We need to do it.
Brother Paul: We can.
Mayor Suarez: We've been known to put pressure on the county before.
Brother Paul: One other problem that we have, however, is that the City of
Miami has the authority to approve ordinances such as the one in front of us
today which makes things very difficult. And you also have the authority to
control zoning...
Mayor Suarez: Another - let me...
Brother Paul: ... and prevent us from doing things in the City of Miami that
need to be done.
18 November 3, 1988
Mayor Suarez: Lot me clarify that, on the ordinance, what I meant and that's
why I seconded the motion, was that it should be sent back to the
administration with a clear mandate that it not come back to us with those
prohibitions against sleeping on sidewalks. I mean, that's not coming back,
at least not for my vote. -
Mrs. Kennedy: Not for mine either.
Mayor Suarez: And I understood that to be the motion of the Commissioner and
I seconded it for that reason.
Brother Paul: I also agree with that.
Mayor Suarez: So I don't think there's any problem with that particular
ordinance in the way it'll be...
Mr. Plummer: Commissioner Dawkins.
Mr. Dawkins: Mr. City Attorney.
Mr. Jorge Fernandez: Yes, sir.
Mr. Dawkins: In the event, which we wouldn't do, this Commission passed an
ordinance that we had before us today, would Dade County, as a mother hen,
have the right to rescind such an order?
Mr. Fernandez: No.
Mr. Dawkins: Who would? The State of Florida?
Mr. Fernandez: Court of law.
Mr. Dawkins: OK, a court of law.
Mr. Fernandez: Yes, sir.
Mr. Dawkins: Then who could go in, could Dade County go in as a friend and
file a case against the City of Miami?
Mr. Fernandez: Dade County?
Mr. Dawkins: Yes.
Mr. Fernandez: The nine commissioners sitting there?
Mr. Dawkins: Yes.
Mr. Fernandez: I imagine that as citizens they would have a right to
challenge.
Mr. Dawkins: So any - I mean, so you're telling me, anything that this City
of Miami decides to do, it can do and Dade County, as quote, unquote, the
mother hen, cannot change it.
Mr. Plummer: No, no.
Mr. Dawkins: OK, then, I know that too.
Mr. Plummer: No, no, no, no. Not under home rule charter.
Mr. Dawkins: That's right.
Mr. Plummer: No, they have the right to set minimum standards.
Mr. Fernandez: That's exactly, they set minimum standards but they have no
preempted this field. They don't have an ordinance in the books...
Mr. Dawkins: I didn't say they had an ordinance, I said, could they go in and
override the one we have under the home rule charter. That's what I said,
sir.
19 November 3, 1988
c M;
Mr. Plummer: All right, let's try to bring this thing to s conclusion because
I'm sure there'll be another day when this ordinance comes back.
Brother Paul: Thank you, I'm finished.
Mayor Suarez: Thank you, brother.
Mr. Plummer: Carlos, did you want to speak on this issue? Because I want -
representative...
UNIDENTIFIED SPEAKER: No.
Mayor Suarez: No, no, he's desperate, he's desperate to get to another item
but I...
UNIDENTIFIED SPEAKER: He's opening...
Mr. Plummer: I want Mike to be the last speaker.
Mayor Suarez: Yes.
Mr. Plummer: OK? Sir.
Mr. Michael Friedman: I was prepared to finish.
Mr. Plummer: You wish to speak, air?
Mr. Derek Iverson: Yes, I do.
Mr. Plummer: For the record, your name and address.
Mr. Iverson: Derek Iverson, streets of the City of Miami.
Mr. Plummer: You have two minutes, sir.
Mr. Iverson: Oh, thank you. Well, this gentleman was before me.
Mr. Plummer: He's going to be last, sir.
Mr. Iverson: Oh, all right. Well...
Mr. Plummer: Right after you.
Mr. Iverson: I want to say I'm disappointed because you took away my home.
You see, I had 340 days planned in the City jail. I got busted eight times,
that was beautiful. Mr. Dawkins, the federal government during the Johnson
administration set aside 1.2 billion dollars for the homeless which no one has
used. It's just beginning to trickle down. Excuse me. I think your idea of
appointing a beacon or Commissioner Kennedy is tremendous. The point is that
no City, don't blame the county of Dade, how about the State of Florida? How
about the federal government? No one has addressed the problem of the
homeless until you passed emergency ordinance J-88, no one. The only reason
you're getting any reaction today is because it is a horrendous ordinance.
Now, the fact is that there are street people out there for thousands of
reasons. A federal judge in good conscience decided that Victor Posner should
pay $3,000,000 to help the street people of the City of Miami. Why doesn't
the City of Miami go after that $3,000,000? You can buy lots of old
warehouses and residences but it has to be a comprehensive program. You don't
need a bed and you don't need food only. You need medical assistance, you
need psychiatric care, you need rehabilitation, and you need job placement.
And get somebody who knows how to do this behind this program...
Mayor Suarez: Sir, just so you know...
Mr. Iverson: ... you need all of this.
Mayor Suarez: Just so you know, Victor Posner, and I think he made the pledge
and at one point it was supposed to go through Camillus House, I don't know,
but I don't think he's returning our phone calls lately, as we've been trying
to get our hands on some of that money, but...
Mr. Iverson: Posner, without doubt is...
20 November 3, 1988
Mayor Suarez: Maybe if you camp out in front of his house he'll give us the
money.
Mr. Iverson: ... he's disgusted simply because the City of Miami or somebody _
along the ray, pardon me, I don't mean to blame the City, someone along the
way jumped in and said we should have a $33,000 study. And Posner...
Mayor Suarez: And I don't know about studies, I'm just telling you that we
haven't gotten any of the green stuff from Mr. Posner.
Mr. Iverson: Well, no, the reason it's being held up is because we have to
have a bureaucratic study to determine how to spend this.
Mayor Suarez: No, I don't believe much in studies.
Mr. Iverson: All you have to do is look at the fact that there are people in
the streets and the money's there and nothing is being done about it.
Mayor Suarez: You're a living study of what we have to do.
Mr. Iverson: That's correct.
Mr. Plummer: Representative....
Mr. Iverson: The City actually stole my last home. But that's another story.
Thank you.
Mr. Plummer: Representative Friedman, wrap it up, please.
(Applause)
Mr. Friedman: I support your motion to reconsider and send this for further
study. I also think it's absolutely imperative that you involve the people
that are affected so if I understand what your motion was to send it for
reconsideration, rework, working with the coalitions and other people
concerned about it. But I suppose the thing that I would like to focus as a
point of frustration that I've heard here today is the fact that there's a lot
of finger pointing going on and that's not going to solve the problem. The
hope that I come out of here with today is the business community is saying,
we want to be a partner in a solution. I'm hearing the City of Miami saying,
we want to be a leader in the solution. I'm hearing the State of Florida
finally saying, with dollars as well as resources, we want to be involved in
helping solve a problem that has persisted too long in our communities. I
think we need to recognize one thing, that the problem belongs to all of us
and the only hope for solution will come from each of us working together
towards a common purpose. I'd like to see this be that beginning. Put out an
ordinance that achieves the type of compassion that most of you feel but with
the competence and the respect that people expect of us as public officials.
It's time once again for us to lead, not be blaming but by working and I thank
you.
(Applause)
Mr. Plummer: Mr. Clerk, would you repeat the motion please?
Mr. Foeman: The motion is to send back to the administration to review the
ordinance and see what elements we really need with a prohibition against
sleeping on the sidewalks and clearly include those elements that are
prohibited and are antisocial acts. All...
Mr. Plummer: Any further discussion among the Comm... I'm sorry.
Mr. Foeman: Also, to...
Mayor Suarez: Well, the prohibition against sleeping on the sidewalks, what
you mean is, at least that's what the motion was from the Commissioner that I
seconded is that that not be included in the ordinance.
Mrs. Kennedy: That not be included.
Mr. Foeman: Yes, that that not be included.
21 November 3, 1988
Mr. Plummer: Is there any further discussion among the Commission?
Mr. De Yurre: How about... I have to concern myself also with the businesses.
I can understand what's going on but if somebody starts sleeping during
business hours in front of your business, you know, that is a concern that
needs to be addressed also.
Mayor Suarez: It doesn't really happen during business hour much but...
Mr. Plummer: Well, unfortunately, it does on some occasions.
Mr. Dawkins: Add that to the motion.
Mr. Plummer: All right, any further discussion?
Mayor Suarez: I'll accept it as a second, will you accept it as a movant?
Mrs. Kennedy: Sure.
Mr. De Yurre: I'd like to put it like maybe 30 days for it to come back so we
can set a time frame on this.
Mr. Plummer: Thirty days? Well, we only have one meeting in December. It
will have to be on the 15th.
Mrs. Kennedy: OK, the December meeting.
Mr. Plummer: Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-1002
A MOTION TO SEND BACK TO THE ADMINISTRATION AND THE
LAW DEPARTMENT THE PROPOSED EMERGENCY ORDINANCE
(RELATED TO UNLAWFUL LODGING OR CAMPING IN, ON OR
ABOUT ANY PUBLIC STREET, SIDEWALK, PUBLIC PARK AREA OR
RIGHT OF WAY WITHIN THE CITY) FOR THE PURPOSE OF
REFINING SAID PROPOSED ORDINANCE BY ASCERTAINING WHAT
ELEMENTS ARE REALLY NEEDED, WITH A VIEW TOWARD
INCLUDING ONLY THOSE ELEMENTS THAT CLEARLY DEMONSTRATE
ANTISOCIAL ACTS; FURTHER DIRECTING THE CITY ATTORNEY
TO PROVIDE FOR PROHIBITION OF SLEEPING ON PUBLIC
RIGHTS -OF -WAY DURING BUSINESS HOURS ONLY; AND FURTHER
STATING THAT VICE MAYOR KENNEDY WILL HEAD A COMMITTEE
COMPRISED OF THE ADMINISTRATION, THE MIAMI COALITION
OF CARE FOR THE HOMELESS, THE DOWNTOWN MERCHANTS, THE
POLICE DEPARTMENT, AND HOMELESS CITIZENS; FURTHER
DIRECTING THE ADMINISTRATION TO COME BACK TO THE
COMMISSION ON DECEMBER 15, 1988 WITH A RECOMMENDATION
ON THIS ISSUE.
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: We'll see you December the 15th.
Mayor Suarez: Let me...
22 November 3, 1988
4
Mrs. Kennedy: Let me just bring up a relative item, if I may. The Better Way
Foundation came to see me about a Meek ago saying that their...
Mayor Suarez: That's what he's here for, OK.
Mrs. Kennedy: OK, do you want to make a presentation? Go ahead, Herman. OK.
Mayor Suarez: I just wanted to calculate for everyone the figure that
Commissioner Dawkins gave of $600,000 in relation to the federal budget. As a
fraction, it turns out to be...
Mr. Odio: Mr. Mayor....
Mayor Suarez: ... Point 0000006 of the federal budget.
Mr. Odio: By law, we have to open the...
Mayor Suarez: That's how much we got for the homeless in that particular...
Mrs. Kennedy: OK, one second then.
Mr. Odio: Wait... the bids for the bonds.
Mayor Suarez: Tea, we have to open the bids at 68, but, Madam Vice Mayor, you
wanted to say something?
_ Mrs. Kennedy: The Fire Department was citing them for not having the hood on
top of their range in the kitchen and the City of Miami is going to give them
$3,800, I so move.
Mr. De Yurre: Second.
Mayor Suarez: Moved and seconded. Does anybody have any problem with that?
UNIDENTIFIED SPEAKER: Thank you. Thank you, Commissioners.
Mayor Suarez: You took care of it administratively? They don't need a
motion, but you're just informing us that...
Mrs. Kennedy: OK.
4. OPEN BIDS: sale of $1,500,000 police bonds, $5,000,000 storm sewer
bonds, $5,000,000 sanitary sewer bonds, $3,900,000 highway improvement
bonds, and $3,000,000 fire bonds. (See label 31)
MEN
Mayor Suarez: OK, please open the bids at Item 68, scheduled for 10:00 a.m.
MEN Do we have to announce anything, Carlos, for anyone?
Mr. Odio: Mr. Mayor, before he opens the bids, I want to announce that
yesterday I had the pleasure of receiving a letter from Standards and Poor's
- announcing to us that we have been rated A plus for this bond issue which is
very, very good news.
Mayor Suarez: That's the first time we get rated A plus?
Mr. Odio: No, it is not but they are reaffirming that they feel that they're
satisfied with the financial situation of the City of Miami.
Mayor Suarez: Very good, Mr. Manager and congratulations to the Finance
Director and the Manager and the staff; keep us in an A plus condition. Mr.
City Clerk.
Mr. Foeman: I need a motion to open the bids, Mr....
Mayor Suarez: I'll entertain a motion to open bids.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS.
23 November 3, 1988
Mayor Suares: !loved and seconded. Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 88-1003
A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY
MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE
RECEIVED THIS DATE UNDER ORDINANCE NO. 10487 FOR THE SALE
OF $1,500,000 POLICE HEADQUARTERS AND CRIME PREVENTION
FACILITIES BONDS, 45,000,000 STORM SEXIER IMPROVEMENT
BONDS, $5,000,000 SANITARY SEWER SYSTEM BONDS, $3,900,000
STREET AND HIGHWAY IMPROVEMENT BONDS, AND $3,000,000 FIRE
FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS OF
THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Mr. Foeman: First bid is from Southeast Bank, the interest rate is 7.3090
percent.
Mr. Jorge Fernandez: Mr. Clerk, louder, please.
Mr. Foeman: First bid is from Southeast Bank, interest rate is 7.3090
percent. Second bid is from Shearson Lehman Hutton, Inc., interest rate is
7.252838 percent. Third bid is from Chase Manhattan Capital Markets, interest
rate is 7.4233 percent. Next bid is from Prudential Bache Securities, Inc. -
correction, Prudential Bache Securities, Inc., interest rate is 7.2928
percent. The next bid is from Goldman Sachs b Company, interest rate is
7.2594 percent. The next bid is from Clayton Brown be Associates, interest
rate is 7.3693 percent. The next bid is from Merrill Lynch, interest rate is
7.2138 percent. The next bid is from Marine Midland Capital Markets Corp.,
the interest rate is 7.3797 percent. The next bid is from Smith Barney Harris
Upham & Company, Inc., the interest rate is 7.26183 - correction, 7.261873
percent. The last bid is from Morgan Stanley & Company, Inc., the interest
rate is 7.3799 percent. Those are all the bids.
Mr. Plummer: I make a motion that they be sent to the Finance Department for
evaluation and come back with a recommendation to this Commission, I so move.
Mr. Dawkins: Second.
Mayor Suarez: So moved and seconded, call the roll.
(THE PARAMETERS OF THE HEREINABOVE MOTION ARE INCORPORATED IN THE
TEXT OF RESOLUTION 88-1003, ABOVE.)
24 November 3, 1988
AS
5. CONSENT AGENDA
---------------------
Mayor Suarez: OK, items 1 through 28 constitute the Consent Agenda. If
anyone wishes to be heard on any of those items, please step forth. Let the
record reflect that no one has done that. Commissioners, do you want to pull
any items, otherwise, we will take a motion as to all of those items together.
Mr. Dawkins: Pull 14, please.
Mayor Suarez: Commissioner Dawkins fourteen. That's it. With the exception
of item 14, items 1 through 28 constitute the Consent Agenda. Commissioner
Plummer.
Mr. Plummer: No, Mr. Mayor, you have to pull 25 because it's to appoint
somebody to the Affirmative Action Advisory Board so unless that name is
proffered, you'd have to pull it.
Mayor Suarez: Is that included in the Consent Agenda?
Mr. Odio: No, 25 was withdrawn.
Mayor Suarez: Withdrawn.
Mr. Plummer: This is 28.
Mayor Suarez: Twenty-five is withdrawn.
Mr. Plummer: Twenty-eight is inde...
Mayor Suarez: Confirming the appointment of... yes.
Mr. Plummer: Oh, I'm sorry, it's confirming...
Mr. Odio: It's confirming the selection of Sergeant J. A. Williams.
Mr. Plummer: I'm sorry...
Mayor Suarez: Previously done, I guess.
Mr. Plummer: ... I stand corrected.
Mayor Suarez: OK.
Mr. Plummer: I'll move the Consent Agenda.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Call the roll.
Mr. Plummer: Nothing's been pulled?
Mayor Suarez: One.
Mayor Suarez: We have a true Consent Agenda today. I think the
administration finally drafted one that we can vote - yes.
Mr. Dawkins: Mr. Mayor, as chairperson of an international trade board, I
want you to know that this - fourteen - this agreement we have says that a
line item budget should have been submitted. It has not been submitted and I
will see that each of you receive this line item budget prior to our next
meeting.
Mayor Suarez: Thank you, Commissioner.
Mr. Plummer: That's fine.
25 November 3, 1988
I At
Mr. Dawkins: I move fourteen.
Mr. Odio: I'd like to ask a question of the Commission at this time, if I
may. I want you to listen to...
Mayor Suarez: Why don't we call the roll on the Consent Agenda then please,
Mr. Manager.
Mr. Odio: OK.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER DAWKINS, THE CONSENT AGENDA WAS APPROVED BY THE
FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
Mayor Suarez: Nov, Walter, you understand that included item 14 so we've done
the entire Consent Agenda because Commissioner was making a clarification on
that. If you want to, we'll do a motion on it.
Mr. Plummer: No need to.
Mr. Foeman: That's OK.
Mayor Suarez: Beautiful.
5.1 CERTIFICATION OF ELECTION: baseball stadium was disapproved.
RESOLUTION NO. 88-1004
A RESOLUTION OFFICIALLY ACCEPTING THE ATTACHED CITY
CLERK'S CERTIFICATION AND DECLARATION OF THE RESULTS
OF THE SPECIAL MUNICIPAL ELECTION HELD ON OCTOBER 4,
1988, IN WHICH THE ISSUANCE OF NOT TO EXCEED
680,000,000 GENERAL OBLIGATION BONDS OF THE CITY OF
MIAMI, FLORIDA, TO FINANCE THE COST OF ACQUISITION
OR CONSTRUCTION OF A MAJOR LEAGUE BASEBALL STADIUM
AND ITS RELATED FACILITIES IN THE CITY OF MIAMI,
FLORIDA, ISSUANCE OF WHICH SHALL BE SUBJECT TO MAJOR
LEAGUE BASEBALL OR AN OWNER OF AN EXISTING MAJOR
LEAGUE BASEBALL TEAM EXECUTING A WRITTEN AGREEMENT
TO USE SUCH STADIUM FOR PLAYING OF HOME GAMES BY A
MAJOR LEAGUE BASEBALL TEAM, AND FURTHER SUBJECT TO
THE PROVISION THAT IF A FRANCHISE NOT BE OBTAINED
THEN NO BONDS PURSUANT TO THE REFERENDUM WOULD BE
ISSUED AND THE LEVYING OF A TAX TO PAY THE PRINCIPAL
AND INTEREST ON SUCH BONDS WAS DISAPPROVED BY THE
ELECTORATE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.2 HISPANIC POLICE OFFICERS ASSOCIATION CONFERENCE: $9,658 for Coconut
Grove Exhibition Center.
RESOLUTION NO. 88-1005
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$9,658 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, TO THE HISPANIC POLICE OFFICERS
ASSOCIATION TO COVER COSTS FOR CITY SERVICES, FEES
AND RENTAL REQUIRED FOR THE SECOND ANNUAL NATIONAL
HISPANIC UNITED IN LAW ENFORCEMENT CONFERENCE, TO BE
26 November 3, 1988
A$ Is
HELD AT THE COCONUT GROVE EXHIBITION CENTER ON
NOVEMBER 19, 1988; SAID ALLOCATION BEING CONDITIONED
UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI
ADMINISTRATIVE POLICY NO. APM-1-84, DATED JANUARY
24, 1964.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.3 1988 ORANGE BLOSSOM CLASSIC PARADE AND GAME: $10,000 allocation.
RESOLUTION NO. 68-1006
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$10,000 FROM 1987-86 SPECIAL PROGRAMS AND ACCOUNTS,
SPECIAL EVENTS, IN SUPPORT OF THE 1988 ORANGE
BLOSSOM CLASSIC PARADE AND GAME HELD OCTOBER 8,
1988; FURTHER AUTHORIZING THAT THE AMOUNT OF $8,000
FROM PROFITS, IF ANY, DERIVED FROM PARKING AND
CONCESSION RIGHTS AT THE ORANGE BOWL STADIUM BE
UTILIZED TO PAY FOR STADIUM EXPENSES IN CONNECTION
WITH THE FOOTBALL GAME; SAID ALLOCATION BEING
CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH
ADMINISTRATIVE POLICY NO. APM 1-84 DATED JANUARY 24,
1984.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.4 BAY OF PIGS VETERANS ASSOCIATION, BRIGADE 2506: $25,000 allocation.
RESOLUTION NO. 88-1007
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$25,000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, IN SUPPORT OF THE BAY OF PIGS
VETERANS ASSOCIATION, BRIGADE 2506; SAID ALLOCATION
BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH
ADMINISTRATIVE POLICY NO. APM 1-84, DATED JANUARY
24, 1984.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.5 1988 MIAMI INTERNATIONAL BOOK FAIR: $60,000 allocation.
RESOLUTION NO. 88-1008
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$60,000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, IN SUPPORT OF THE 1988 MIAMI
INTERNATIONAL BOOK FAIR; SAID ALLOCATION BEING
CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH
ADMINISTRATIVE POLICY NO. APM 1-841 DATED JANUARY
24, 1984.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.6 DINNER KEY MARINA PIER CONSTRUCTION: increase original purchase order.
RESOLUTION NO. 88-1009
A RESOLUTION AUTHORIZING AN INCREASE OF THE ORIGINAL
PURCHASE ORDER NO. 90076 FOR THE FURNISHING OF 336
ADDITIONAL DOCK LOCK BOXES FOR THE DINNER KEY
MARINA - PIER CONSTRUCTION PROJECT FOR THE
DEPARTMENT OF PUBLIC WORKS AT A TOTAL ADDITIONAL
27 November 3, 1988
COST OF $47,040.00; ALLOCATING FUNDS THEREFOR FROM
THE DINNER KEY MARINA-RENOVATION/EXPANSION PROJECT
ACCOUNT CODE NO. 414005-319302-830; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE AN INCREASE TO THE ORIGINAL
PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
S.7 MOTOR OIL AND LUBRICANTS: accept bids of Metro Business Group, Vazquez
International, Inc., Alpha Grease and Oil Co., Floval Oil Co., Sala
Industrial Sales Corp., and Ranco Oil Co.
RESOLUTION NO. 88-1010
A RESOLUTION ACCEPTING THE BIDS OF METRO BUSINESS
GROUP, VAZQUEZ INT'L. INC., ALPHA GREASE & OIL CO.,
FLOVAL OIL CO., SALA INDUSTRIAL SALES CORP. AND
RANCO OIL CO., TO FURNISH MOTOR OIL & LUBRICANTS TO
THE DEPARTMENTS OF FIRE, RESCUE & INSPECTION
SERVICES AND GENERAL SERVICES ADMINISTRATION/FLEET
MANAGEMENT DIVISION ON A CONTRACT BASIS FOR ONE YEAR
WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE YEAR
PERIODS AT A TOTAL ESTIMATED FIRST YEAR COST OF
$81.858.00; ALLOCATING FUNDS THEREFOR FROM THE 1988-
89 OPERATING BUDGET OF THE DEPARTMENTS OF FIRE,
RESCUE & INSPECTION SERVICES ACCOUNTS NO. 280701-713
($6,758.00) AND SERVICES ADMINISTRATION/FLEET
MANAGEMENT DIVISION ACCOUNT NO. 420201-713
($75,000.00); AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THESE PRODUCTS AND THEREAFTER TO
RENEW THESE CONTRACTS ANNUALLY FOR TWO ADDITIONAL
ONE YEAR PERIODS AT THE SAME PRICE, TERMS AND
CONDITIONS SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.8 ACCEPT BID: SCS INDUSTRIES FOR FABRICATION AND INSTALLATION OF OXYGEN
CASCADE SYSTEM at Fire Station No. 4 and No. 12.
RESOLUTION NO. 88-1011
A RESOLUTION ACCEPTING THE BID OF SCS INDUSTRIES,
INC. FOR THE COMPLETE FABRICATION AND INSTALLATION
OF TWO (2) OXYGEN CASCADE SYSTEMS AT FIRE STATIONS
NO. 4 AND NO. 12 FOR THE DEPARTMENT OF FIRE, RESCUE
AND INSPECTION SERVICES AT A TOTAL PROPOSED AMOUNT
OF $12,342.40; ALLOCATING FUNDS THEREFOR FROM THE
1981 FIRE BOND ACCOUNT CODE NO. 313018-•289401-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.9 ACCEPT BID: WILLIAM FENCE COMPANY for removal of old fence and
installation of new fence at Triangle and Antonio Maceo Parks.
RESOLUTION NO. 88-1012
A RESOLUTION ACCEPTING THE BID OF WILLIAM FENCE
COMPANY FOR THE REMOVAL OF OLD FENCE AND
INSTALLATION OF NEW FENCE AT TRIANGLE AND ANTONIO
MACEO PARKS FOR THE DEPARTMENT OF PARKS, RECREATION
28 November 3, 1988
AND PUBLIC FACILITIES AT A TOTAL PROPOSED COST OF
$14,155.12; ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROJECTS NO. 331143 ($7,544.00)
AND NO. 331345 ($6,900.00) ACCOUNT CODE NO. 589301-
$60; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR THIS SERVICE AND MATERIALS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.10 ACCEPT BID: RINGSIDE PRODUCTS FOR GYM/BOXING EQUIPMENT to be used in
Cops and Kids Athletic Drug Diversionary Program.
RESOLUTION NO. 88-1013
A RESOLUTION ACCEPTING THE BID OF RINGSIDE PRODUCTS
FOR FURNISHING GYM/BOXING EQUIPMENT TO BE USED IN
THE COPS AND KIDS ATHLETIC DRUG DIVERSIONARY PROGRAM
TO THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED COST
OF $5,973.00 ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND PROJECT NO. 640001 ACCOUNT
CODE NO. 290915-722; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.11 ACCEPT BID: STAR EQUIPMENT MANUFACTURING, INC. FOR SOLID WASTE
CONTAINERS.
RESOLUTION NO. 88-1014
A RESOLUTION ACCEPTING THE BID OF STAR EQUIPMENT
MANUFACTURING, INC. FOR FURNISHING 16-20 CU. YD.
CONTAINERS TO THE DEPARTMENT OF SOLID WASTE AT A
TOTAL PROPOSED COST OF $35,760.00 ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT NO.
353001-329402-840; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.12 ACCEPT BID: CAMPANELLA CONSTRUCTION CORPORATION for N.W. 1 Avenue
sanitary sever replacement.
RESOLUTION NO. 88-1015
A RESOLUTION ACCEPTING THE BID OF CAMPANELLA
CONSTRUCTION CORPORATION IN THE PROPOSED AMOUNT OF
$77,775.00 BASE BID OF THE PROPOSAL, FOR N.W. 1
AVENUE SANITARY SEWER REPLACEMENT PROJECT; WITH
MONIES THEREFOR ALLOCATED FROM CAPITAL IMPROVEMENT
ORDINANCE NO. 10347, PROJECT NO. 351280 IN THE
AMOUNT OF $77,775.00 TO COVER THE CONTRACT COST; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
29 November 3, 1988
''$i4�j Y,.k�f v'. ..yt..� '' } _ .C.. ..:',th. 1 3'�.. .• . '. _. _. _ _ -. -__.
5.IS AUTHORIZE FLORIADE STANDARD TUBULAR FENCE AT MORNINGSIDE PARK FROM FENCE
MASTERS, INC.
RESOLUTION N0. 88-1016
A RESOLUTION AUTHORIZING THE FURNISHING AND
INSTALLATION OF 980 LINEAR FEET OF FLORIADE STANDARD
TUBULAR FENCE AT MORNINGSIDE PARK FROM FENCE
MASTERS, INC., AT A PROPOSED COST OF $49.000.00
UNDER AN EXISTING DADE COUNTY BID NO. 1405 FOR THE
DEPARTMENT OF PARKS, RECREATION AND PUBLIC
FACILITIES; ALLOCATING FUNDS THEREFOR FROM THE
CITYWIDE NEIGHBORHOOD PARK RENOVATIONS PROJECT NO.
331313 ACCOUNT NO. 589301-830; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS SERVICE AND
MATERIALS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.14 AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH CARIBBEAN CENTRAL AMERICAN
ACTION in support of 1988 Miami Conference on the Caribbean.
RESOLUTION NO. 88-1017
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH CARIBBEAN CENTRAL AMERICAN ACTION IN
THE AMOUNT OF $60,000 IN SUPPORT OF THE 1988 MIAMI
CONFERENCE ON THE CARIBBEAN TO BE HELD NOVEMBER
30TH, DECEMBER 2ND, 1988, IN THE CITY OF MIAMI; WITH
SAID FUNDS APPROPRIATED IN THE INTERNATIONAL TRADE
BOARD'S 1988-89 FISCAL YEAR BUDGET.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.15 ORDER SOUTH FLAGLER SANITARY SEWER IMPROVEMENT
RESOLUTION NO. 88-1018
A RESOLUTION ORDERING SOUTH FLAGLER SANITARY SEWER
IMPROVEMENT SR-5540-C AND DESIGNATING THE PROPERTY
AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR
A PORTION OF THE COST THEREOF AS SOUTH FLAGLER
SANITARY SEWER IMPROVEMENT DISTRICT SR-5540-C
(Here follows body of resolution, omitted here and
NEE
on file in the Office of the City Clerk.)
5.16 ORDER MIAMI RIVER CANAL SANITARY SEWER IMPROVEMENT
RESOLUTION NO. 68-1019
A RESOLUTION ORDERING MIAMI RIVER CANAL SANITARY
SEWER IMPROVEMENT SR-5555-C AND DESIGNATING THE
PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE
MADE FOR A PORTION OF THE COST THEREOF AS MIAMI
RIVER CANAL SANITARY SEWER IMPROVEMENT DISTRICT SR-
5555-C.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
30 November 3, 1988
I
5.11 ACCEPT COMPLETED WORK: MARKS BROTHERS COMPANY FOR STORM SEWER REPAIR -
EAST FLAOLER STREET
RESOLUTION NO. 88-1020
A RESOLUTION ACCEPTING THE COMPLETED WORK OF MARKS
BROTHERS COMPANY AT A TOTAL COST OF $11,000.00 FOR
STORM SEWER REPAIR -EAST FLAGLER STREET CIP PROJECT
NO. 352251 AND AUTHORIZING A FINAL PAYMENT OF
$2,000.00.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.18 ACCEPT COMPLETED WORK: MET CONSTRUCTION FOR ALLAPATTAH ACTIVITY CENTER
PORCH CANOPY
RESOLUTION NO. 88-1021
A RESOLUTION ACCEPTING THE COMPLETED WORK OF MET
CONSTRUCTION, INC. AT A TOTAL COST OF $23,287.00 FOR
ALLAPATTAH ACTIVITY CENTER PORCH CANOPY USING FUNDS
ALLOCATED FROM DEPARTMENT OF COMMUNITY DEVELOPMENT
AND AUTHORIZING A FINAL PAYMENT OF $2,283.70.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.19 ACCEPT COMPLETED WORK: SOLAR HEATING OF FLORIDA, INC. FOR FIRE TRAINING
CENTER REMEDIAL WORK
RESOLUTION NO. 88-1022
_ A RESOLUTION ACCEPTING THE COMPLETED WORK OF SOLAR
_ HEATING OF FLORIDA, INC. AT A TOTAL COST OF
$30,982.00 FOR FIRE TRAINING CENTER - REMEDIAL WORK
(2ND BIDDING) C.I.P. PROJECT NO. 313016 AND
AUTHORIZING A FINAL PAYMENT OF $3,332.20.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.20 ACCEPT COMPLETED WORK: VAN TOPOLE CONSTRUCTION, INC. FOR FIRE STATION
NO. 2 WASHROOM
RESOLUTION NO. 88-1023
A RESOLUTION ACCEPTING THE COMPLETED WORK OF VAN
TOPOLE CONSTRUCTION, INC. AT A TOTAL COST OF
$25,378.50 FOR FIRE STATION NO. 2 WASHROOM
MODIFICATIONS CIP PROJECT NO. 313018 AND AUTHORIZING
A FINAL PAYMENT OF 41,268.93.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.21 ACCEPT COMPLETED WORK: VAN TOPOLE CONSTRUCTION, INC. FOR FIRE STATION
NO. 6 WASHROOM
RESOLUTION NO. 88-1024
A RESOLUTION ACCEPTING THE COMPLETED WORK OF VAN
TOPOLE CONSTRUCTION, INC. AT A TOTAL COST OF
$23,396.50 FOR FIRE STATION NO. 6 WASHROOM
MODIFICATIONS CIP PROJECT NO. 313018 AND AUTHORIZING
A FINAL PAYMENT OF $1,169.83.
31 November 3, 1988
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.22 ACCEPT COMPLETED WORK: SOLO CONSTRUCTION FOR SHENANDOAH STORM SEWER
PROJECT.
RESOLUTION NO. 88-1025
A RESOLUTION ACCEPTING THE COMPLETED WORK OF SOLO
CONSTRUCTION CORP. AT A TOTAL COST OF $454,507.58
FOR SHENANDOAH STORM SEWER PROJECT CIP PROJECT NO.
352176 AND AUTHORIZING A FINAL PAYMENT OF $9,127.09.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.23 ACCEPT COMPLETED WORK: TARAFA CONSTRUCTION, INC. FOR MAXIMO GOMEZ
(DOMINO) PARK RENOVATION.
RESOLUTION NO. 88-1026
A RESOLUTION ACCEPTING THE COMPLETED WORK OF TARAFA
CONSTRUCTION, INC. AT A TOTAL COST OF $94,345 FOR
MAXIMO GOMEZ (DOMINO) PARK RENOVATION WHICH WAS
PERFORMED BY SAID CONTRACTOR UNDER AN AGREEMENT
DATED MAY 9, 1988 WITH THE LITTLE HAVANA DEVELOPMENT
AUTHORITY, INC. (LHDA) WITH FUNDS PROVIDED AS A
GRANT TO LHDA FROM THE CITY OF MIAMI FOR SAID
RENOVATION UNDER AN AGREEMENT DATED APRIL 15, 1988;
AND AUTHORIZING FINAL PAYMENT TO LHDA FOR TARAFA
CONSTRUCTION, INC. IN THE AMOUNT OF $9,434.50.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.24 DESIGNATE TOBACCO ROAD: unnamed street between South Miami Avenue and
S.W. 1 Avenue
RESOLUTION NO. 88-1027
A RESOLUTION DESIGNATING THE UNNAMED STREET RECENTLY
BUILT BETWEEN SOUTH MIAMI AVENUE AND S.W. 1ST
AVENUE, DIAGONALLY FROM THE MIAMI AVENUE BRIDGE TO
S.W. 7TH STREET, AS "TOBACCO ROAD"; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO ALL AFFECTED GOVERNMENT AGENCIES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.25 KING MANGO STRUT PARADE: close streets, establish retail peddlers
RESOLUTION NO. 88-1028
A RESOLUTION CONCERNING THE KING MANGO STRUT PARADE
TO BE CONDUCTED BY COCONUT GROVE JAYCEES, INC. ON
DECEMBER 11, 1988 AUTHORIZING THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC
SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; FURTHER ESTABLISHING AN AREA
PROHIBITED TO NON -FESTIVAL RETAIL PEDDLERS DURING
THE PERIOD OF SAID EVENT; CONDITIONED UPON THE
ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY
SERVICES AND THE REQUIREMENT THAT THE CITY WILL BE
INSURED AGAINST ANY POTENTIAL LIABILITY ASSOCIATED
WITH SAID EVENT.
32 November 3, 1988
Mfg s � ..:. •..;
I
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.26 AFFIRMATIVE ACTION ADVISORY BOARD: appoint Sgt. J.J. Williams
RESOLUTION NO. 88-1029
A RESOLUTION CONFIRMING THE SELECTION OF AN
INDIVIDUAL TO FILL A VACANCY ON THE CITY OF MIAMI
AFFIRMATIVE ACTION ADVISORY BOARD, TO SERVE A TERM
ENDING JANUARY 24, 1989.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6. DISCUSSION CONCERNING LINE ITEM TRANSFERS (See label 9).
Mr. Odio: I want a policy - it's a question of policy. Yesterday we had a
discussion, there are some items - let's take the Miami Film Festival that was
included as a line item in the budget and it's here today and I just want to
get a policy decision from you, if you have a line item in the budget, whether
we should bring it back to you before we disburse the monies or whether we
should just go ahead and disburse the money if it was approved in the budget?
Mr. Plummer: No, I think this Commission at all times should have the full
control over that budget.
Mr. Odio: OK.
Mr. Plummer: I don't think that they should have to be forced to go out and
make those kind of decisions without the ratification of this Commission.
It's my opinion, I'm only speaking for one.
Mayor Suarez: How does that play into the motion or resolution that we passed
in connection with the budget? I believe as to...
Mr. Odio: No, there were line item transfers which is different. What I'm
saying is...
Mayor Suarez: Transfers, not simply taking something that has been
appropriate - has been approved in whole and taking a specific item.
Mr. Odio: Say you have a line item that says...
Mayor Suarez: Why does it even have to come to the Commission for approval...
Mr. Plummer: Well, I...
Mayor Suarez: ... because you don't bring every single salary pay check for
approval of the Commission when you're paying people in accordance with the
budget.
Mr. Odio: But in this case, for instance, the special programs and account
where you have...
Mayor Suarez: When you're making a grant to someone else you always needs to
have a special...
Mr. Odio: Hispanic Her...
Mayor Suarez: Is it an ordinance? Is it an ordinance in those cases or a
resolution?
Mr. Odio: No, it's a resolution. It's just that technically once the budget
is approved we can disburse but I'd rather...
33 November 3, 1988
41)
Mayor Suarez: Well, I guess what the Commissioner is saying is that his
preference is that if it's a resolution paying a third party, even if it's
part of the budget, he'd like to look at it. —
Mr. Odio: That's why I wanted to ask your preference. -
Mr. Plummer: That's correct.
Mayor Suarez: OK. At least we got our procedures straight. Thank you, Mr.
Manager.
7. TOWING RATES: City and towing industry to negotiate reasonable rate.
Mr. Plummer: Mr. Mayor, I've had a request on item 39 of Mr. McClosky.
Mr. Dawkins: Twenty-nine we withdrew.
Mr. Plummer: Who was in an accident this morning. He represents the towing
association and would like to have this deferred to the next meeting. If
there's no objection, I would so move.
Mr. Dawkins: Which item is this, J.L.?
Mr. Plummer: Thirty-nine.
Mr. Dawkins: Thirty-nine?
Mrs. Kennedy: Second.
Mr. Dawkins: Thirty-nine, what is 39?
Mayor Suarez: This is the ordinance....
Mr. Plummer: Just defer it to the next meeting, Mr. Mayor.
Mayor Suarez: On establishing maximum rates that may be charged by business
establishments...
Mr. Plummer: Correct.
Mayor Suarez: ... engaged in the practice of recovering, towing, removing,
and storing motor vehicles which are parked on private property.
Mr. Plummer: Right, just defer it until the next meeting.
Mayor Suarez: Well, I've got all kinds of clarifications I want to make on
this before we vote on the deferral. Mr. City Attorney.
Mr. Jorge Fernandez: Yes.
Mayor Suarez: I thought that we could not pass an ordinance on private towing
of vehicles because we're preempted by state law and I've been advising newly
elected state representatives that they should move very quickly to control
the situation with towing from private...
Mr. De Yurre: Mr. Mayor, I believe that some law passed in Tallahassee
allowing it and that's why I brought it up.
Mayor Suarez: That allows municipalities to do it?
Mr. Fernandez: Yes, on...
Mayor Suarez: To regulate in this area?
Mr. De Yurre: That's right.
Mr. Fernandez: Yes.
34 November 3, 1988
Mr. Plummer: You know, it doesn't sound feasible and I didn't know that we
were going to get into the thing, but how can we control what takes place on
private property? I don't understand that.
Mayor Suarez: We can control the rates that are charged for towing in the
City.
Mr. Plummer: For towing, but not from private property on the streets...
Mayor Suarez: Well, any kind of towing. Any kind of towing.
Mr. De Yurre: J.L., the way it works is, if you have something you want to be
towed from your own property, that's your own business. What we're talking
about is towing somebody else's property from your property, an automobile
that parks in an empty building in the parking lot and then they come, they
tow them away just - you know, that's the type of thing that we're trying...
Mayor Suarez: No, I'm happy we're regulating in this area. I just didn't
know we could do it and...
Mr. De Yurre: Well, that's what we've been working on trying to get this
through.
Mayor Suarez: That's great, that's great. That saves a lot of effort with
the state legislature.
Mr. Fernandez: Yes.
Mayor Suarez: Now, why do they want it deferred?
Mr. Plummer: Because Mr. McClosky is a representative. It doesn't affect him
personally but they would like to speak on the issue. He was in an accident
this morning and he has another appearance and he asked that it be deferred.
Mayor Suarez: This is not Mr. McClosky?
Mr. Plummer: Yes, this is Mr. Bill McClosky.
Mr. De Yurre: Well, we can defer it for the afternoon, you know. Do you need
to go to the hospital right now?
Mr. Joe McClosky: Now, I was going to go home. I really...
Mayor Suarez: Oh, I see.
Mr. McClosky: I'm really not even...
Mr. Plummer: Oh, wait a minute, Bill, hold on. Let's do it this way with the
full understanding its first reading. We'll pass it on first reading and then
you can address it at the second reading which will be in 30 days. Is that...
Mr. McClosky: Fine.
Mr. Plummer: I think that's agreeable.
Mr. McClosky: That's fine, thank you.
Mr. Plummer: OK, I'll so move it on first reading with that understanding
that it will be on second reading
Mr. De Yurre: OK well I believe though what we got to do is, first of all,
and I don't want to get into a situation like we had with the vendors, I would
like to set up a situation wherein like in 45 days the City and the towing
industry can get together and see if they can come up with a reasonable
amount...
Mr. Plummer: That's fine, that's fine.
Mr. De Yurre: ... for this towing and I think that...
Mayor Suarez: Well, bring it back for second reading after that period then.
Is that what you're saying?
35 November 3, 1988
Mr. De Yurre: That's right. Yea.
Mr. Plummer: All right, but we'll designate Mr. Ron Williams who did it
before for the City. _
Mr. De Yurre: To work...
Mr. Plummer: Designate him to coordinate with the association to try to work
out something and bring it back the first meeting in January. I'll second
that motion.
Mr. Dawkins: May I say something, Mr. Mayor?
Mayor Suarez: Teo, Commissioner. Absolutely.
Mr. Dawkins: For two years I've been going through this, OK?
Mayor Suarez: I didn't think we could do it, I'm glad that somehow...
Mr. Plummer: I didn't either.
Mr. Dawkins: Now, for January I'm prepared to vote on something. Now,
whatever you bring before me I'm voting on it.
Mr. Plummer: Well...
Mayor Suarez: Same here.
Mr. Dawkins: OK?
Mayor Suarez: Same here.
Mr. Dawkins: Because I'm not going to go through this for two more years.
Mr. Plummer: Just for clarification, the one we went through before for the
two years was in reference to City towing. That is not this. This is from
private property. It's a separate issue which was addressed in the
legislature and now coming back to us.
Mr. De Yurre: We're trying to...
Mayor Suarez: But the complaints we've been getting apply to all.
Mr. Dawkins: All of it.
Mr. Plummer: I understand that.
Mr. De Yurre: We're trying to control the abuses that have been going on for
years.
Mayor Suarez: You know, and for two years we've been trying to figure out how
to tackle this and finally we've got it before us. OK, I gather that
everybody wants to act on it in first reading.
Mr. De Yurre: No, this is...
Mr. Fernandez: Yes, but in order for us to act on it at first reading, we
have to set rates.
Mr. Plummer: No, That's the problem.
Mayor Suarez: Oh, the rates are not included in there?
Mr. Plummer: Yes, that's why you
Mr. Fernandez: No, they're not, this is up for your discussion.
Mr. Plummer: ... work it out.
Mr. Fernandez: Or perhaps the way you want to deal with it is by way of a
motion instructing the administration and us...
36 November 3, 1988
Mayor Suarez: I'm reading the item, it's a first reading of an ordinance.
Mr. Fernandez: Yea, it is.
Mr. Plumper: Well...
Mr. Fernandez: If you're ready to pass on rates at this time...
Mr. Plummer: That I'm not.
Mr. De Turre: No, I think....
Mr. Dawkins: No.
Mayor Suarez: Well, why is he telling me it isn't?
Mr. Plummer: Victor stated to send it to a committee, bring it back in 45
days and then we'll address it.
Mr. De Turre: And then we'll vote on it.
Mr. Plummer: And I seconded his motion.
Mr. Fernandez: So then, it is a motion.
Mayor Suarez: So it's not a first reading of an ordinance.
Mrs. Kennedy: It's not a first reading.
Mr. Plummer: No, it is a motion to defer.
Mr. Dawkins: But the next one will be the first and final. Bring it in as an
emergency so we can vote on it one time and be through with all that.
Mr. Plummer: That's fine with me.
Mr. De Yurre: OK.
Mayor Suarez: That's fine, as long as we vote on it and get it done after
many years of waiting.
Mr. Plummer: Have Mr. Williams bring it up.
Mayor Suarez: OK, we have a motion and a second. Any discussion? Call the
roll.
Mr. Dawkins: The guy doing the hauling is losing, the guy on the street is
losing. OK, I'm sorry. Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-1030
A MOTION TO DEFER CONSIDERATION OF PROPOSED ORDINANCE
IN CONNECTION WITH ESTABLISHING MAXIMUM RATES THAT MAY
BE CHARGED BY BUSINESSES ENGAGED IN THE PRACTICE OF
RECOVERING, TOWING, REMOVING AND STORING MOTOR
VEHICLES WHICH ARE PARKED ON PRIVATE PROPERTY; FURTHER
INSTRUCTING RON WILLIAMS, DIRECTOR OF THE GENERAL
SERVICES ADMINISTRATION DEPARTMENT, TO MEET WITH
REPRESENTATIVES OF THE TOWING INDUSTRY; FURTHER
DIRECTING THE ADMINISTRATION TO COME BACK WITH A
PROPOSED EMERGENCY ORDINANCE FOR COMMISSION
CONSIDERATION AT THE FIRST MEETING IN JANUARY.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
37 November 3, 1988
UJ
a
AIMS.- Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
8. EMERGENCY ORDINANCE: ACCOUNTING PRINCIPLES - implementing budgetary
adjustment■
Mayor Suarez: Item 30. Thank you, Commissioner.
Mr. Odio: This is to the annual appropriation ordinance by making budgetary
adjustments at the end of the year on last year's budget, Mr. Mayor.
Mayor Suarez: I'll entertain a motion on the ordinance to correct whatever
appropriations were done. This is the annual cleanup ordinance...
Mrs. Kennedy: Move it.
Mr. Odio: Cleanup ordinance.
Mayor Suarez: ... on all appropriations.
Mr. Plummer: Twenty-nine?
Mayor Suarez: Thirty, thirty.
Mr. Odio: Thirty.
Mayor Suarez: Twenty-nine was the homeless ordinance that we already dealt
with. We have a motion and a second.
Mr. Plummer: I'll second it.
Mayor Suarez: We've got a motion and a second, I believe. Any discussion?
Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 3, 4, 5
AND 6 OF ORDINANCE NO. 10321, THE ANNUAL
APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1988, AS AMENDED, AND ADDING A NEW
SECTION 5.1 TO SAID ORDINANCE FOR THE PURPOSE OF
FORMALIZING CITY COMMISSION ACTIONS AND IMPLEMENTING
BUDGETARY ADJUSTMENTS TO COMPLY WITH GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES AS OUTLINED BY THE
CITY'S EXTERNAL AUDITORS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Kennedy and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
38 November 3, 1988
Whereupon the Commission on motion of Commissioner Kennedy and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Vic6or De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10507.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
9. CONTINUED DISCUSSION ON LINE ITEM TRANSFERS (See label 6)
Mr. Plummer: Mr. Mayor, Mr. Mayor, under what we have...
Mayor Suarez: I voted yes on the second reading. I'm sorry, Commissioner.
Mr. Plummer: What we've just done in reference to the International Trade
Board, there have been two checks which have been issued and for the
administration's comfort that they didn't do anything wrong because we...
Mayor Suarez: Well, just take it from Commissioner Dawkins' paycheck, that'll
easily resolved.
Mr. Plummer: Well, I would move at this time that the checks which have been
issued to the Coconut Grove Playhouse and Hispanic Heritage be approved by
this Commission, I so move.
Mr. Odio: They were line item in the budget and I just want to make sure we
do it according to your pref...
Mayor Suarez: The Hispanic Heritage and what else?
Mr. Odio: And Coconut Grove Playhouse.
Mayor Suarez: From the International...
Mr. Odio: They were in the line item... no, they're not in international
trade...
Mayor Suarez: They have nothing to do with inter...
Mr. Plummer: Excuse me, wait a minute.
Mayor Suarez: That's why I was saying that....
Mr. Odio: They're in the special programs and accounts.
Mr. Plummer: No, not that, we were only talking about the International Trade
Board.
Mr. Odio: Oh, I see, I'm talking about any line item...
Mr. Plummer: I withdraw my motion. I'm sorry, I misunderstood.
Mr. Odio: But I need clarification. Wait a minute. If I have a line item
like those...
39 November 3, 1988
Mr. Plummer: Only where there are a third parties involved, my concern, Mr.
Manager....
Mr. Odio: Oh, oh, oh, OK.
Mr. Plummer: My concern is the contract. The budget is approved, the amount
Is approved, but I want to make sure that you, the administration, have the
right to go through these contracts and if something is not there, then bring
It before this Commission.
Mr. Odio: So, let me clarify. If I have a line item that says a hundred
thousand dollars for the Miami Film Festival in the budget...
Mr. Plummer: In your budget, in your regular budget.
Mr. Odio: In my regular...
Mr. Plummer: Not a third party budget.
Mr. Odio: In our regular budget.
Mr. Plummer: You don't need approval...
Mr. Odio: You don't need approval from the Commission.
Mr. Plummer: Not according to...
Mr. Dawkins: No, but if you want to take that hundred thousand dollars and
give it to the Budweiser Regatta, then you have to bring it back to us.
Mr. Odio: Then we have to bring it. Oh, I understand.
Mr. Plummer: I second the motion.
Mayor Suarez: Or any other regatta.
Mr. Plummer: I'm sorry, I withdraw that motion, it's not necessary.
Mayor Suarez: Thanks.
NOTE FOR THE RECORD: Items 25, 43, 46, 48, 51, 78, and 87 were
withdrawn.
-------------------------------------------------------
10. SECOND READING ORDINANCE: ENFORCEMENT OF ANIMAL CONTROL (See label 12)
Mayor Suarez: Item 31, the enforcement of animal control, civil penalties,
violations of chapter six...
Mr. Fernandez: Second reading.
Mayor Suarez: Second reading of the ordinance. Is anyone here to be heard on
this item? Let the record reflect that no one stepped forward. I'll
entertain a motion.
Mr. Plummer: Kennedy moved it before.
Mayor Suarez: You moved...
Mr. Plummer: I second it.
Mayor Suarez: Seconded, any discussion. Read the ordinance. Call the roll.
40 November 3, 1988
t
l -
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ANIMALS
AND FOWL: BY ADDING ARTICLE III, SECTION 6-29 ENTITLED
"ENFORCEMENT OF ANIMAL CONTROL", WHICH PROVIDES CIVIL
PENALTIES FOR VIOLATIONS OF CHAPTER 6 AND FOR
APPLICABLE PROCEDURES IN REGARD TO SAID PENALTIES;
CONTAINING A SEVERABILITY CLAUSE AND REPEALER
PROVISION.
Passed on its first reading by title at the meeting of October 6, 1988,
vas taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, seconded by Commissioner Plummer, the
Ordinance vas thereupon given its second and final reading by title and passed
and adopted by the following vote:
ATES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10508.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
11. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED ORDINANCE PROVIDING
EXEMPTIONS TO THE TICKET SURCHARGE IN PUBLIC FACILITIES (See label 13)
Mayor Suarez: Item 32.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mr. Plummer: Kennedy seconds.
Mayor Suarez: Seconded. Second reading of the ordinance. Commissioner.
AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED.
12. BRIEF COMMENTS CONCERNING ANIMAL CONTROL (See label 10)
Mrs. Kennedy: OK, my only question here is, do we let code enforcement levy
taxes or is it strictly police enforcement or how are you going to work this
out? Yes, to give more teeth to the animal control ordinance.
Mr. Plummer: No, no that was the previous motion. Thirty-two is...
Mayor Suarez: Thirty-two is ticket surcharge.
Mrs. Kennedy: OK, could I have that question answered....
Mr. Plummer: Sure.
Mr. Fernandez: Whose enforcement responsibility is it?
41 November 3, 1988
Mayor Suarez: Yes, on item 31 she'd like to know the enforcement
responsibility, where it lies.
Mr. Fernandez: My understanding is that it's police.
Mr. Plummer: Ah, yes, yes, yes.
13. (CONTINUED DISCUSSION) SECOND READING ORDINANCE: PROVIDING EXEMPTIONS TO
THE TICKET SURCHARGE IN PUBLIC FACILITIES (See label 11)
Mr. Fernandez: On 32, I'm reading the ordinance.
AT THIS POINT, THE CITY ATTORNEY READS THE ORDINANCE, BY TITLE ONLY, INTO THE
PUBLIC RECORD.
Mr. Dawkins: Under discussion.
Mr. Plummer: Go ahead.
Mr. Dawkins: Under discussion. On page 5 of item 32...
Mayor Suarez: I'm going to vote against it because
Mr. Dawkins: Add, where it says, additionally, said surcharge shall not apply
to the annual Orange Bowl Classic Football Game and add the Orange Blossom
Classic.
Mr. Plummer: And the Pig Bowl.
Mr. Dawkins: And the Pig Bowl. Add those.
Mayor Suarez: OK, we've got - the Pig Bowl hasn't been held in the City of
Miami.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: It will be in the future?
Mr. Dawkins: Yes, but this year they were going to....
Mr. Plummer: What, the Pig Bowl? Yes, the Pig Bowl will be there the week
before Super Bowl.
Mayor Suarez: With those modifications - does the movant accept those
modifications?
Mr. Plummer: Yes, of course.
Mayor Suarez: And the second? OK, read the ordinance.
Mr. Fernandez: The ordinance has already been read in second and final
reading and it's being amended on page S of the text to include, besides the
Orange Bowl Classic, the Orange Blossom and the...
Mr. Dawkins: Orange Blossom Classic, yes.
Mr. Fernandez: Classic, and the Pig Bowl.
Mr. Dawkins: Yes.
Mr. Fernandez: Also, as two events that will be exempted.
Mr. Dawkins: From the surtax, yes.
Mr. Fernandez: Yes.
Mr. Plummer: Call the roll.
42 November 3, 1988
AN ORDINANCE BNTITLED-
AN ORDINANCE AMENDING SECTION 53-1 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE
EXEMPTIONS TO THE TICKET SURCHARGE ON PAID ADMISSIONS
FOR SPECIFIC TYPES OF EVENTS HELD IN CITY OF MIAMI
PUBLIC FACILITIES; FURTHER ADOPTING A NEW SECTION 53-2
OF SAID CODE AUTHORIZING THE CITY COMMISSION TO
ESTABLISH SPECIAL CHARGES, TERMS AND/OR CONDITIONS FOR
THE USE OF ALL CITY PUBLIC FACILITIES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of October 6, 1988, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10509.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
14. UNIVERSITY OF MIAMI BASKETBALL: $25,000 allocation from City and
matching funds from Sports Authority
Mr. Plummer: Mr. Mayor, may I, at this time, bring up a motion, I'd get this
thing out of my hair. Last year, the City of Miami had jointly sponsored a
$25,000 grant to the University of Miami. I would like to do it again this
year with the proviso that matching funds of the same amount be forthcoming
from the Sports Authority for the sponsorship of the basketball for the
University of Miami. X tickets will be forthcoming which can be used as
before for charitable events or whatever so designated by this Commission. We
did it last year, I think it's proved to be worthwhile and I would so move
that it be done this year.
Mayor Suarez: Did we do that for basketball or football or both?
Mr. Plummer: Basketball, basketball.
Mayor Suarez: And each Commissioner will get an allocation to...
Mr. Plummer: Yes, sir.
Mayor Suarez: ... distribute to charities and schools and so on?
Mr. Plummer: I also already have word, Mr. Mayor, that the Sports Authority
is in concurrence. I so move.
Mr. Dawkins: The Sports Authority to do what?
Mr. Plummer: Is in concurrence of their twenty-five.
Mr. Dawkins: The only problem - I mean, go ahead, under discussion. Somebody
second it?
Mr. Plummer: Not yet.
43 November 3, 1988
Mr. Dawkins: I second it. Under discussion. You know, there are other
schools out here who need help just like the University of Miami so let's
think in terms of some of these other schools that do need help as we parcel
out little goodies.
Mr. Plummer: No question. The reason this was brought up, Mr. Dawkins, was
because of the fact that the University does use the Arena and, hopefully,
that that will be beneficial.
Mr. Dawkins: I still make the same statement. That if we're going to be
generous, let's be generous Citywide.
Mr. Plummer: I agree.
Mr. Dawkins: Call the roll.
Mayor Suarez: Any further discussion? Call the roll. You're approving the
Sports Authority budget with this motion that'll change and add another
$25,000 for this purpose.
Mr. Plummer: No, the twenty-five thousand from the City would be matched by
twenty-five from the Sports Authority and they are already agreed to it.
Mayor Suarez: That's why I'm saying, you're approving their change in their
budget to allocate these $25,000 so when it comes back later, you don't raise
a big fuss about it.
Mr. Plummer: Absolutely no... _
Mayor Suarez: ... you're telling them to do it, you know, and then you're
going to say you shouldn't have spent $25,000 on this.
Mr. Plummer: Absolutely no problem, Mr. Mayor. Understood.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-1031
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT OF $25,000 TO THE UNIVERSITY OF
MIAMI BASKETBALL TEAM, SAID FUNDS BEING MATCHED BY THE
CITY OF MIAMI SPORTS AND EXHIBITION AUTHORITY, WITH
THE PROVISO THAT THE UNIVERSITY OF MIAMI SHALL PROVIDE
TICKETS FOR THE CITY COMMISSION TO DISTRIBUTE TO
CHARITY.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer., Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: I don't know about this. I'm going to vote yes but I would
like to have it in advance for next year, any similar expenditure because I
have the same concern that Commissioner Dawkins. I don't see why one
university should have the advantage of large expenditures on their tickets.
Mr. Dawkins: Fifty thousand dollars.
Mr. Plummer: Mr. Manager, you'll so note that...
44 November 3, 1988
Mr. De Turre: The only reason I'm voting for it is because they do play
within the City of Miami and Dot, you know, there's not - I wouldn't see any
purpose for doing that.
Mr. Dawkins: OK, may I ask you a question? Do you think there's any
struggling school out there that if you told them that you were going to give
them $50,000 that they would not play in the City of Miami? Is there anybody
up here feel like that? Thank you.
Mr. Plummer: Mr. Manager, I wish you would note the discussion of the
Commission that next year, please bring this up in advance.
Mayor Suarez: Like all other items are supposed to be brought.
15. SECOND READING ORDINANCE: INCREASE APPROPRIATIONS FOR COCONUT GROVE
STORM SEWERS
Mayor Suarez: Item 33.
Mr. Dawkins: Move it.
Mrs. Kennedy: Second reading, I second.
Mayor Suarez: Coconut Grove storm sewers project, second reading. We have a
motion from Commissioner Dawkins.
Mrs. Kennedy: Second.
Mayor Suarez: You second it? Vice Mayor Kennedy. Any discussion? Read the
ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. 10347, ADOPTED
NOVEMBER 19, 1987, AS AMENDED, THE CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE, BY INCREASING THE
APPROPRIATIONS FOR COCONUT GROVE STORM SEWERS, PROJECT
NO. 352187, IN THE AMOUNT OF $80,000; AND CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of October 6, 1988,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Kennedy, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10510.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
45 November 3, 1988
1� +
16. ACCEPT RID: MIRA CONSTRUCTION INC. FOR COCONUT GROVE STORM SEWER
PROJECT.
Mr. Dawkins: Move item 34.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Second.
Mr. Dawkins: Under discussion.
Mayor Suarez: Any discussion, 34? Commissioner.
Mr. Dawkins: I'd like to say that out of all the construction companies that
I have observed repairing streets in the City of Miami, this Company does it
expeditiously and what looks like the least amount of effort to the citizenry.
I'd like that to go on the record.
Mayor Suarez: Very good. And that's all the more reason for approving their
bid. We have a motion and a second. Any further discussion? Call the roll,
please.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1032
A RESOLUTION ACCEPTING THE BID OF MIRA CONSTRUCTION,
INC. IN THE PROPOSED AMOUNT OF $578,440.00 BASE BID OF
THE PROPOSAL, FOR COCONUT GROVE STORM SEWER PROJECT,
WITH MONIES THEREFOR ALLOCATED FROM THE 1988 CAPITAL
IMPROVEMENT ORDINANCE NO. 10346, PROJECT NO. 352187 IN
THE AMOUNT OF 6576,440.00 TO COVER THE CONTRACT COST;
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
46 November 3, 1988
WNWTIR
17. SECOND READING ORDINANCE: REQUIRE OATH FROM PERSONS TESTIFYING ON ZONING
MATTERS
Mayor Suarez: Item 35. Wishing to testify, to come to the Commission. -
Mr. Plummer: I moved it before; I move it again. _
Mr. Dawkins: Second.
Mayor Suarez: Must be sworn in... let me clarify, what proceedings are these,
Planning and Zoning only?
Mr. Fernandez: Right.
Mayor Suarez: What's the issue with attorneys finally?
Mr. De Yurre: Mr. City Attorney had a comment that he would like to make on
this issue.
Mr. Fernandez: Yes, early this morning I passed out to each of you a copy of
this very brief opinion that I have prepared in support of my position that
attorneys appearing in front of you should not be made to take an oath.
Mr. Plummer: Why not?
Mr. Fernandez: Because they stand here in their representative capacity.
They are not testifying, they are being advocates.
Mr. Plummer: No, no, well, excuse me. They are representing a client and in
many, many cases, we never hear from the client. They are the spokesmen and I
don't want to see a day come back where a client says, "Well, I didn't know
what the hell he was talking about." I don't see a thing wrong...
Mayor Suarez: They do testify on facts, but how about if we do this, so we
don't argue about it all morning. Why don't we get our Attorney -General's
opinion as to whether we can require lawyers to testify without running afoul
of that procedure.
Mr. Plummer: Why do you need an Attorney -General to rule?
Mayor Suarez: Because there is a prohibition against lawyers testifying on
behalf of their clients, is what it comes down to.
Mr. Plummer: You mean being sworn to tell us the truth?
Mayor Suarez: Well, the prohibition has other reasons for being there, but it
In there, and maybe we ought to get an Attorney -General's opinion.
Mr. Plummer: Well, that's all we are asking is that have sworn that any
testimony they give is the truth, the whole truth and nothing but the truth.
Now, why does a lawyer have a problem with that?
Mr. Fernandez: The lawyer presumably will have absolutely no problem in doing
so. By virtue of the fact that he is an officer of the court is appearing
before this body, it is a presumption that he is closed with that while not
testifying, but representing his client, he is doing so honestly and
truthfully. He would be placing himself in an unethical position that would
present him with a conflict of interest if he were to be both an advocate and
a witness, and therefore...
Mr. Plummer: Well, if you want to get an Attorney -General ruling, I'll go
along with it, but let me tell you something, anybody who stands up to that
microphone and makes facts before this Commission should be made facts that
they are held accountable for and I don't know any other way.
Mr. Fernandez: Well, the way to deal with that would be for this Commission
to consider what an attorney says is merely arguments or advocacy advancing
the position of their client. This Commission is not in a position or is not
47 November 3, 1988
17. SECOND READING ORDINANCE: REQUIRE OATH FROM PERSONS TESTIFYING ON ZONING
MATTERS
Mayor Suarez: Item 35. Wishing to testify, to come to the Commission. -
Mr. Plummer: I moved it before; I move it again. _
Mr. Dawkins: Second.
Mayor Suarez: Must be sworn in... let me clarify, what proceedings are these,
Planning and Zoning only?
Mr. Fernandez: Right.
Mayor Suarez: What's the issue with attorneys finally?
Mr. De Yurre: Mr. City Attorney had a comment that he would like to make on
this issue.
Mr. Fernandez: Yes, early this morning I passed out to each of you a copy of
this very brief opinion that I have prepared in support of my position that
attorneys appearing in front of you should not be made to take an oath.
Mr. Plummer: Why not?
Mr. Fernandez: Because they stand here in their representative capacity.
They are not testifying, they are being advocates.
Mr. Plummer: No, no, well, excuse me. They are representing a client and in
many, many cases, we never hear from the client. They are the spokesmen and I
don't want to see a day come back where a client says, "Well, I didn't know
what the hell he was talking about." I don't see a thing wrong...
Mayor Suarez: They do testify on facts, but how about if we do this, so we
don't argue about it all morning. Why don't we get our Attorney -General's
opinion as to whether we can require lawyers to testify without running afoul
of that procedure.
Mr. Plummer: Why do you need an Attorney -General to rule?
Mayor Suarez: Because there is a prohibition against lawyers testifying on
behalf of their clients, is what it comes down to.
Mr. Plummer: You mean being sworn to tell us the truth?
Mayor Suarez: Well, the prohibition has other reasons for being there, but it
In there, and maybe we ought to get an Attorney -General's opinion.
Mr. Plummer: Well, that's all we are asking is that have sworn that any
testimony they give is the truth, the whole truth and nothing but the truth.
Now, why does a lawyer have a problem with that?
Mr. Fernandez: The lawyer presumably will have absolutely no problem in doing
so. By virtue of the fact that he is an officer of the court is appearing
before this body, it is a presumption that he is closed with that while not
testifying, but representing his client, he is doing so honestly and
truthfully. He would be placing himself in an unethical position that would
present him with a conflict of interest if he were to be both an advocate and
a witness, and therefore...
Mr. Plummer: Well, if you want to get an Attorney -General ruling, I'll go
along with it, but let me tell you something, anybody who stands up to that
microphone and makes facts before this Commission should be made facts that
they are held accountable for and I don't know any other way.
Mr. Fernandez: Well, the way to deal with that would be for this Commission
to consider what an attorney says is merely arguments or advocacy advancing
the position of their client. This Commission is not in a position or is not
47 November 3, 1988
forced to accept as fact that which an attorney says in behalf of his client.
The attorney may bring his client to testify and his client may be put under
oath.
Mrs. Kennedy: And what about cases when an attorney offers a voluntary
covenant on behalf of the client?
Mr. Plummer: I just... hey, let me tell you something, I see nothing wrong
with swearing an attorney to the fact that he is going to tell the truth, the
whole truth and nothing but the truth. I don't know why they would find that
objectionable.
Mayor Suarez: Just want to make sure that it doesn't run afoul of the
procedural rule you referred to and that's why I am saying, get an Attorney -
General's opinion on whether we can proceed with this without...
Mr. Fernandez: My recommendation to this Commission as your City Attorney is
that you do not include attorneys oath of office, I mean oath, in order to
have him appear in front of you. That may raise the specter that we wouldn't
have to then later on litigate.
Mayor Suarez: Commissioner Dawkins.
Mr. Plummer: Well, then as far as I am concerned, we put a sign up there, Mr.
Attorney, when you appear here in behalf of a client, we don't believe a damn
word you are saying.
Mr. Fernandez: No, but you are...
Mr. Plummer: No, no, because there is no fact basis to it.
Mr. Fernandez: I would submit to you, that if he really wanted, he could have
his client appear also as a witness.
Mr. Plummer: All right, then as far as I am concerned, in the future, we
don't listen to attorneys, we put the client on the stand and we swear him to
It, and the hell with the attorneys.
Mayor Suarez: On facts, on factual...
Mr. Fernandez: On facts.
Mr. Plummer: On any of it.
Mayor Suarez: No, no, the arguments are not a matter that you would swe$rto
anyhow. It is an argument on... -
Mr. Plummer: Look, all I am trying to do is to say that this Commission is =
trying to get the truth in every matter relating to zoning and planning. Now,
if an attorney has got a problem with that, and he doesn't want to be sworn,
let him sit down and let the client who is responsible take the oath.
Mayor Suarez: Let me ask a question of the... oh, I am sorry, Commissioner
Dawkins, go ahead.
Mr. Dawkins: Mr. City Attorney, I often hear from that box over there,
regardless of who was sitting in it, that this is not a court, so if this is
not a court of law, how can you hold me responsible, to tell me what I can, or
cannot do, that can be done in a court.
Mr. Fernandez: When you sit here in your Planning and Zoning capacity, you
are sitting in an appellate capacity. You are really making determinations
that are...
Mr. Dawkins: Then I am the courts then?
Mr. Fernandez: Right, and when an attorney...
Mr. Dawkins: Now wait now, I am the court.
Mr. Fernandez: Yes, at that time in a limited way, quasi-judicial capacity.
48 November 3, 1988
Mr. Dawkins: No, I don't want no... see, you are mixing apples and oranges.
I don't need to know about the limited. Either I fully am pertinent, or I am
not pertinent.
Mr. Fernandez: Yea, you sit as judges.
Mayor Suarez: Why don't we impose on that...
Mr. Dawkins: I cannot be half and half.
Mayor Suarez: Wait, wait. Mr. City Attorney, why don't we impose on
attorneys the same responsibility that the courts do, when they function in,
and we are functioning in an judicatory capacity, when is that they are
officers of this court.
Mr. Fernandez: That's right.
Mayor Suarez: And therefore, anything that they state to us that turns out to
be incorrect would also be punishable as a perjury, I would think.
Mr. Fernandez: We could have that as part of the registration with the City
Clerk when they come in and they must register in order to appear in behalf of
a client.
Mayor Suarez: Because this is an official proceeding too, and there is
another State statute that takes effect, when they misstate something if they
are under oath. In this case they would be, as officers of the court, have
the same effect as if they had been sworn in, I remember correctly when I was
sworn in as an attorney.
Mr. Fernandez: I would agree with that. I think that that would be one way
of solving this problem.
Mayor Suarez: OK, could you please bring back... is this a second reading?
Mr. Fernandez: Yes, this is the second and final reading.
Mayor Suarez: Bring back an amendment of this ordinance that includes
attorneys, unless someone wants to exclude them, with that kind of provision
that they be deemed officers of this court in our proceedings.
Mr. Plummer: Mr. Mayor, I'll go along with that if you pass the rest of the
ordinance.
Mayor Suarez: Oh, yes, absolutely, as an amendment, that's why I said as an
amendment.
Mr. Plummer: Exclude the attorneys for further clarification, but everybody
else has to be sworn in who testify on zoning matters.
Mayor Suarez: Oh no, absolutely, we are going to do that. We are going to do
that.
Mr. Plummer: I'll move it with that provision that that portion will be
amended to look at at a later time within 45 days, and in fact the rest of the
ordinance I would so move.
Mayor Suarez: And I think by treating them as officers of this court for
those proceedings it is going to have the same effect.
Mr. Fernandez: As part of the lobbying ordinance that we have that they have
to register.
Mr. De Yurre: I'll second that motion.
Mr. De Yurre: Moved and seconded. Any discussion? Read the ordinance.
Mr. Fernandez: Reading the ordinance for the second time.
Mayor Suarez: With the modifications. Call the roll.
49 November 3, 1988
0
AN ORDINANCE -
AN ORDINANCE REQUIRING AN OATH OR AFFIRMATION BY
PERSONS WISHING TO TESTIFY BEFORE THE CITY COMMISSION
DURING ITS CONSIDERATION OF A MATTER ARISING FROM OR
'UNDER THE PROVISIONS OF ORDINANCE NO. 9500, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI;
PRESCRIBING THE FORM OF SAID OATH OR AFFIRMATION TO BE
ADMINISTERED BY THE CITY CLERK; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR
INCLUSION IN THE CITY CODE.
Passed on its first reading by title at the meeting of October 6, 1988,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner De Yurre, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10511.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
NOTE FOR THE RECORD: On motion made by Commissioner Plummer and
seconded by Commissioner De Yurre the minutes of September 8 and
October 14, 1988 were unanimously approved.
18. FIRST READING ORDINANCE: ESTABLISH FUND "HISTORIC PRESERVATION: SURVEY
UPDATE" AND APPROPRIATE FUNDS FOR SAME.
Mayor Suarez: Item 36. It is just minor funds from the State for historic
preservation.
Mr. Odio: This is just to create a fund to which project expenses can be
charged. It comes from the State and from CBDG block grant.
Mr. Plummer: So move.
Mayor Suarez: Earmarked for that particular purpose, which means you are
going to get your hot little hands on it. Moved, do we have a second?
Mr. Dawkins: Yes, second. Under discussion. Why is it that we got some much
money and they got so little money.
Ns. Sarah Eaton: The City portion is in -kind services. It is like part of my
salary.
Mr. Dawkins: And for $59000 worth of in -kind services, that only takes $1,000
worth of actual money?
50 November 3, 1988
Ms. Baton: The money is going to be used to purchase film and my time will be
used to photograph the historic site.
Mr. Dawkins: You are still not answering my question. If we are giving
$5,000 worth of in -kind services, it only takes $1,000 in the State of Florida
to match our $5,000 worth of services, that's all I am saying.
Me. Eaton: Theoretically, it is a 50-50 match, but when we originally
submitted our budget to the State for the grant, that was the amount that we
had allocated and they cut back the amount on what they awarded us for the
grant.
Mr. Dawkins: So why didn't we cut back on what we were going to do so that...
you see, all I am saying, Mr. Manager, is if you told the State government,
that you were going to do 3-X work for 3-X dollars, and they only gave you 1-X
and you still end up doing 3-X work, you lied.
Mayor Suarez: Why don't we reduce it to $1,250 as a matching grant?
Mr. Dawkins: That's all. I mean, either we needed that...
Mayor Suarez: Our in -kind services. This will not prohibit you from working
overtime with this, you understand.
Mr. Rodriguez: No, what it will show on this is that we put the time of the =
staff as part of the bill and that's it.
Mayor Suarez: Right, but building it into a formal resolution that says we
are matching them three to one or four to one is a...
Mr. Rodriguez: We cannot change in the contract.
Mayor Suarez: We cannot change the contract at this point.
Mr. Rodriguez: You already accepted that in a previous meeting.
Mayor Suarez: OK, do you have any problems with it? I mean, that would
obviously...
Mr. Dawkins: No, because I have problems with it. You shouldn't have
accepted it before you got to us.
Mayor Suarez: Anyone else on this? I suppose it is a bad signal. Maybe we
ought to follow it up with a letter telling them that if we do approve it,
that you know, we had applied for $5,000, not $1,250. In any event, I don't
think that... I entertain a motion on the item.
Mr. Plummer: I've already moved it.
Mayor Suarez: Moved. Do we have a second?
Mr. Dawkins: I withdraw my second.
Mayor Suarez: I'll second.
Mrs. Kennedy: Motion made and duly seconded. Any further discussion? Please
call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "HISTORICAL PRESERVATION: SURVEY UPDATE."
AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN
THE AMOUNT OF $6,250, CONSISTING OF A $1,250 GRANT
FROM THE STATE OF FLORIDA: DEPARTMENT OF STATE; AND
_ $5,000 FROM FISCAL YEAR 1988-89 COMMUNITY DEVELOPMENT
BLOCK GRANT: CITYWIDE HISTORIC PRESERVATION;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Mayor Suarez and
was passed on its first reading by title by the following vote:
51 November 3, 1988
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: I'm for it on principle. I am voting against it in that I don't
feel that we should tell the State that we need "X" dollars and then they give
you one-half 'X" and you still do the same amount of money, I vote, no.
Mr. De Yurre: For the same reasons as Commissioner Dawkins, I vote no.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
19. A) DISCUSS AND DEFER PROPOSED ORDINANCE PROVIDING FOR ASSESSMENT OF
OCCUPATIONAL LICENSE TAX ON TELEPHONES; B) BRIEF COMMENTS CONCERNING `
CLERICAL ERROR MADE BY A.T.&T.
Mayor Suarez: Item 37, occupational license tax on telephone instruments.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded.
Mr. De Yurre: I'd like to get some information. I'd like to know exactly
what we are talking about here.
Mayor Suarez: Commissioner De Yurre.
Mr. Odio: Currently the occupational license has a flat fee of $461.50 that
can be assessed to the Telephone Company. This fee cannot be increased. A
per unit basis is the most correct method for licensing the telephone. At the
current level, the license then would be charged at $622.89, so the taxes
already currently been imposed by Southern Bell, and they agreed to this per
unit basis.
Mr. De Yurre: What is a unit?
Mr. Odio: A unit is an installation, one simple installation. Am I correct
on this? It says one...
Mrs. Kennedy: Each telephone, right?
Mr. Odio: One telephone.
Mr. De Yurre: A line.
Mr. Odio: A line.
Mr. De Yurre: A number. No matter how phones, you get all the extensions you
want.
Mr. Odio: Yes.
Mr. De Yurre: OK, now, how much do we get nowadays for that?
Mr. Odio: We get 4461.50. It is going to go up to $622.89.
Mr. De Yurre: Now how does that get paid? How do we get that money?
52 November 3, 1988
Mr. Odio: We get it from them.
Mr. De Yurre: Right off the top, $4617
Mr. Odio: From Southern Bell, yes.
Mr. De Yurre: Is that a one-shot...?
Mr. Odio: They pay once a year for...
Mr. Plummer: Occupational.
Mr. Odio: Occupational is once a year.
Mr. De Turre: Are we talking about phones that they install throughout the
City of Miami?
Mr. Odio: Yes, sir.
Mr. De Yurre: How can they make money on that? You know, telephone line is
twenty some dollars a month.
Mr. Odio: How do they make it? They pass that on to their clients. They have
for years. I mean...
Mr. De Yurre: Well, if I have a telephone line that is twenty some dollars
per month, I believe, you multiply that times 12, it comes no where near $461.
Mr. Odio: Well, that's a question I...
Mr. De Yurre: I'd like to get this straightened out. It doesn't make sense.
I'd like to table this until we get some further information on this item.
Mr. Dawkins: Second.
Mr. Plummer: Fine.
Mayor Suarez: Moved and seconded. Did we have a motion before?
Mr. Plummer: Yes, I'll withdraw.
Mayor Suarez: Was that withdrawn?
Mr. Plummer: Yes.
Mayor Suarez: OK, we have a motion and a second to defer the item pending
further explanation to the Commission.
Mr. Plummer: Mr. Manager, at the Florida League of Cities Convention last
month, and again this morning in The Miami Herald, I'd like to know what is
the City's position in reference to this so-called clerical error, in which
AT&T is coming back at the cities trying to collect these monies. Where are
we in the City? What is our posture?
Mr. Odio: Our posture is that we are entitled to that money and I have a
legal opinion that we are not to refund to the company.
Mr. Plummer: So at this particular time, you don't show any concern?
Mr. Odio: No, sir.
Mr. Plummer: OK, fine. I just wanted to get that clarified, because boy, it
was buzzing up there. Everybody was...
Mayor Suarez: Are these fees just... one last clarification... to be for the
initial installation? Is that, the company expects to get its return on
continued operations of that particular unit?
UNIDENTIFIED SPEAKER: That's part of the answer.
Mr. Odio: I can get somebody down here right away to explain it.
53 November 3, 1988
Mayor Suarez: Yes, I guess that's part of the answer, but he wants to...
Mr. Odio: Maybe we can resolve it.
Mr. Carlos Garcia: on item 37, the only thing we are doing, Commissioner, is
changing the occupational license that we charged Southern Bell from a fixed
rate to a variable rate.
Mayor Suarez: And all he wants to know, Carlos, he looked at the figure, and
it looked high for what a company would have to pay for a particular unit,
because he is wondering how they even get a return on their investment.
That's what he wants to know. Is the answer that this is a one-shot fee for
each new installation, is that what it is?
Mr. Garcia: No, air, this is the total fee that the Southern Bell pays the
City as a license for the right...
Mayor Suarez: Per talk line, per individual line, per installation, per what,
Carlos?
Mr. Garcia: You are talking about the variable rate? It is per unit. Per
unit for...
Mayor Suarez: What does that mean, per unit? What's a unit?
Mr. Garcia: For every telephone in the City.
Mayor Suarez: For every telephone in the City, they pay how much?
Mr. Garcia: Fifteen cents. They would pay fifteen cents.
Mayor Suarez: We are looking at a figure of $622.89, and that's why we are
wondering. If it is fifteen cents, it is a whole different thing.
Mr. Plummer: What about the other companies that are providing telephones
besides Southern Bell?
Mr. Garcia: Right now I believe Southern Bell is the only one that is paying
this license.
Mr. Plummer: But no, that's not my question. Why isn't AT&T being charged
the same? They provide telephones.
Mr. De Yurre: But not lines.
Mr. Garcia: They sell telephones.
Mr. De Yurre: Telephone line is Southern Bell only.
Mr. Plummer: Well, it says the lines, it says here instruments.
Mr. Garcia: I believe it is the telephone itself, the telephone unit but it
could be the line.
Mr. Plummer: It says by providing an assessment of an occupational license on
each telephone or instrument.
Mr. Garcia: I believe it is the telephone instrument itself, line that goes
to that particular instrument.
Mr. Plummer: Well, it says here...
Mayor Suarez: I guess we charge on a per unit, which includes the per
instrument. Anyhow it works out to be fifteen cents per?
Mr. Garcia: Per unit.
Mayor Suarez: On a per year basis, or...?
Mr. Garcia: Per year basis, yes, air.
54 November 3, 1988
V r
Mayor Suarez: we fifteen cents per unit per year.
Mr. be Yurre: Then you tell me that we have less than 3,000 phones in the
City of Miami.
Mr. Garcia: No, I cannot may that, because you know, that's the number that
will come up, so I believe it is the number of lines. I will have to find out
exactly what this applies to and get back to you.
Mr. De Yurre: I think that would be a great idea.
Mayor Suarez: OK.
Mr. Plummer: Yes, I think we need more information.
Mayor Suarez: We will vote on the deferral of the item until we get further
Information. It could end up being tabling it, if you were satisfied, or if
we are satisfied in the afternoon. Call the roll.
MOTION TO TABLE
UPON MOTION MADE BY COMMISSIONER DE YURRE AND SECONDED BY
COMMISSIONER DAWKINS, THE HEREINABOVE ITEM WAS TABLED FOR FURTHER
INFORMATION BY THE FOLLOWING VOTE OF THE CITY COMMISSION:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
20. FIRST READING ORDINANCE: CREATE FUND "RECREATION PROGRAMS FOR THE
MENTALLY RETARDED - FY '88-89'" AND APPROPRIATE FUNDS FOR SAME
Mayor Suarez: Item 38, creating the special revenue fund...
Mr. Plummer: Move it.
Mr. Kennedy: Second.
Mayor Suarez: ... accepting State funds. Moved and seconded. Any discussion?
Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE CREATING A NEW SPECIAL REVENUE FUND
0 ENTITLED "RECREATION PROGRAMS FOR THE MENTALLY
RETARDED - FY '88-89", AND APPROPRIATING FUNDS FOR ITS
OPERATION IN THE TOTAL AMOUNT OF 4289,795 CONSISTING
OF A $244,795 GRANT FROM THE STATE OF FLORIDA,
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS)
AND $45,000 FROM FISCAL YEAR 1988-89 SPECIAL PROGRAMS
AND ACCOUNTS, MATCHING FUNDS FOR GRANTS; AUTHORIZING
THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO
ENTER INTO THE NECESSARY CONTRACT(S) AND/OR
AGREEMENT(S) TO ACCEPT THE GRANT AWARD, CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
55 November 3, 1988
q�;#. � 111P'Am 91111659 I
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
21. A. SELECTION OF VICE MAYOR VICTOR DE YURRE. B. EFFECTIVE DATE FOR NEW
VICE MAYOR: DECEMBER 1, 1988.
Mayor Suarez: Item 40, selection of a Vice Mayor.
Mr. Plummer: I'll move that this be deferred over to the December meeting.
Mayor Suarez: It can't.
Mr. Plummer: What?
Mayor Suarez: It cannot.
Mr. Plummer: Cannot what?
Mayor Suarez: Cannot defer the selection of the Vice Mayor until December.
According to the Charter and Code that I am looking at here, I've just asked
the City Attorney for, "A member of the City Commission shall be elected to an
office hereby created and hereby designated Vice Mayor. The election of the
Vice -Mayor shall be by resolution and be held at the regular City Commission
meeting on the first Wednesday in November." Not quite a Wednesday, but we
are the first meeting in November. "The term of office for Vice Mayor shall
be one year." Now, we could, I suppose, select the existing Vice Mayor. We
could certainly move it to the second meeting.
Ms. Kennedy: Second meeting in November.
Mr. Plummer: Fine with me.
Mr. De Yurre: Mr. Mayor, I think that vice Mayor Kennedy had a concern that
she wanted to remain as Acting Vice Mayor during the month of November,
practically, which I don't think this Commission would have a problem with
ME
M that, if that were the case.
Mayor Suarez: And I read the Code to allow that and in fact, I would almost
read the Code to say Mr. City Attorney, that we could probably appoint the new
Vice Mayor, if it's a new Vice Mayor...
Mr. Fernandez: To become effective at a later date.
Mayor Suarez: December 1, I guess we could, because this says it has to be
voted on in November, and presumably could extend the existing term until the
end of November.
Mr. Plummer: Under that condition, Mr. Mayor, I'll withdraw my motion and
nominate at this time Commissioner Miller Dawkins in the traditional route
that this Commission has followed, he is next in line, and I would so move
that Commissioner Miller Dawkins become Vice Mayor effective the first of
December.
Mayor Suarez: So moved. Do we have a second?
Mrs. Kennedy: I second.
56 November 3, 1988
W
Mr. De Turre: Mr. Mayor, 1 need some...
Mayor Suarez: Seconded.
Mr. De Turre: I need some clarification as to how this works.
Mayor Suarez: I've read the entire ordinance. I think if the Commission...
Mr. Plummer: OK, there is nothing in there designating in the ordinance.
Under the circumstances as it would be, Dawkins would be this year, you would
be the following year, and I would be the following year.
Mr. De Yurre: So I understand it, what determines Miller being designated
this year?
Mr. Plummer: The history of the Vice Mayorship, is the only thing that I know
of that determines it.
Mr. De Yurre: What is that, a rotating basis?
Mr. Plummer: It has always been, yes.
Mr. De Turre: OK. This year was Rosario?
Mr. Plummer: This year, Rosario, Dawkins, then you would be next.
Mr. De Yurre: The year before, now I am going backwards.
Mr. Plummer: OK.
Mr. De Yurre: This year was Rosario.
Mr. Plummer: Right.
Mr. De Yurre: Last year was you.
Mr. Plummer: Right.
Mr. De Yurre: The year before was Miller.
Mr. Plummer: I can't answer... yesl
Mr. De Yurre: And the year before was Joe.
Mrs. Kennedy: Right.
Mr. Plummer: Yes.
Mr. De Yurre: So in that rotating basis...
Mayor Suarez: That was an awful year, that other year back there!
Mr. De Yurre: But if I am going by that rotating basis, it would seem that
this seat would come up this year - Miller, you, Rosario.
Mr. Plummer: No, why would that be?
Mayor Suarez: It is true that since I have been Mayor, I've had everyone on
this Commission be Vice Mayor, except for Commissioner De Yurre. Of course it
In also true that Commissioner De Yurre has only been on the Commission for
one year.
Mrs. Kennedy: It's usual! the second y y year after your election, I believe.
Mr. Plummer: Say again?
Mrs. Kennedy: Second year after election.
Mr. De Yurre: I am just going by the rotating basis, if that's the way it's
run.
57 November 3, 1988
W r
Mr. Plummer: That's the May it has always been done. As I know it right now,
It would be Dawkins in let's call it '89. You would be in 190, and I would be
again in 191.
Mr. De Yurre: OK, but then it is a different theory you are using. I am
going by the list - 185, Carollo; 186, Dawkins; 187, Plummer; 188, Rosario.
'69 would be group II again, which In my seat.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Do you want to vote on this issue of the Vice Mayor, Esther
Mae? Just kidding, please.
Mr. Dawkins: I have no problems with how this goes, OK? It is ceremonial, it
has no more money, it has no more headaches. If anybody up here wants to keep
It for four years, I have no problem with that either.
Mrs. Kennedy: Oh, I would like to be for another year in that case.
Mr. Dawkins: OK, now if you are going to go by the rules now, mind you, he is
citing rules, then you must make him today.
Mr. Plummer: There are no rules.
Mr. Dawkins: Wait, now, the Mayor just said it has to be done in November. I
mean, if we going to go strictly by rules, then we are going to go strictly by
rulesl If you are going to bend the rules, then you are going to bend them
for me too, or we are going to go strictly by the rules.
Mayor Suarez: Whatever we do, I would like it to be unanimous, I'd hate to...
Mr. Plummer: Damn, I am sure glad that the Vice Mayor position has become
that important to argue about.
Mayor Suarez: I'd like it to be unanimous and I would like it to be...
frankly, I wouldn't want it to be an extension of the same Vice Mayor we have
now. She's acting like she is the Mayor alreadyl
Mrs. Kennedy: If you want...
Mr. Dawkins: And I don't want us to get into the hassle that County is in
over We don't need thatl
Mayor Suarez: It is very embarrassing.
Mr. Dawkins: So whatever you say here, I am going to abide by. What does
that say?
Mrs. Kennedy: OK, Commissioner Dawkins...
Mayor Suarez: Well, it says that it will be selected in November and it could
be effective beginning December 1, so I don't think that will be a problem
with her, continuing through the end of November. I do remember one thing,
and I want to remind everyone, when I was first elected, the Vice Mayor for
that one meeting, was in fact, Joe Carollo, and as we got to the end of the
meeting, my very first agenda, and we'd completed the agenda and I said to the
Manager, we have one other item left, and he said, no, we do not, and that was
your predecessor. I said, yes, we do, we have one item left. We are in the
second meeting in November, because it was the second meeting that year, which
was the first meeting of the new Commission. I said, we have to select a new
Vice Mayor, and I particularly wanted to select a new Vice Mayor, because I
didn't want Commissioner Carollo to be Vice Mayor, or Commissioner, or
anything else. And we did, at that point, we appointed Miller Dawkins as Vice
Mayor and he served with distinction for a year and then Commissioner Plummer,
and then Vice Mayor Kennedy. In any event, I would like it to be unanimous, so
I hope that we can agree.
Mr. De Yurre: I'd like to serve if it is my turn, based on the last three
years, that would seem to be my turn, and I'd like to do it. I'd like to
serve this community in that fashion.
Mr. Dawkins: Beginning when?
58 November 3, 1988
Mr. De Yurre: December lot.
Mayor Suarez: We have a motion and a second. Do we have a Substitute motion?
Mr. Plummer: I'll tell you what. Let's defer it over to the afternoon and
let the two of them get together and let them talk about it.
Mr. De Yurre: Who is the two of them?
Mr. Plummer: You and Miller.
Mr. De Yurre: He just said he's got no problem.
Mayor Suarez: Can't make... wait a minute, wait a minute)
Mr. Dawkins: No, no, no, hold itl No, no, Miller is out of it. No, no.
Mayor Suarez: I don't think they can, I don't think they can.
Mr. Dawkins: No, no, Miller is out of it, OK? De Yurre says that the
rotation is him, OK? The Mayor says that when the rotation starts, it starts
today with this meeting, at this present moment, that individual becomes the
Vice Mayor, OK?
Mrs. Kennedy: If you don't want to change it, it is OK.
Mr. Dawkins: Now, wait a minute.
Mrs. Kennedy: If you don't want to change that...
Mr. Dawkins: No, wait a minute. No, no, all I am saying is, if you are going
to be fair and up straight, be fair and up straight. Victor De Yurre cannot
call a rotation on me, that he is entitled to the rotation and not say to you,
I want it now, today, it belongs to me. That's unfair to me.
Mrs. Kennedy: If you want it now, my only reason, and I thought you really
had no problem was with the opening of the Freedom... that you had no
problems.
Mr. Dawkins: I have no problem with it. He's got the problem.
Mr. De Yurre: I've got no problem with you staying on until December lat.
Mayor Suarez: I think we all agree on one thing...
Mrs. Kennedy: OK, my only reason was...
Mayor Suarez: ... that none of us have any problem with the existing Vice
Mayor completing her term until the end of this month, because I think the
Code provides that that could be done.
Mrs. Kennedy: OK, so let me just clarify then, Commissioner Dawkins, I am not
bending the rules for this.
Mr. Dawkins: Yes, you... yes, we are.
Mr. Plummer: Can I clarify...
Mr. Dawkins: No, wait, J.L., wait. No, we are not breaking the rule, we are
breaking tradition.
Mrs. Kennedy: All right, we would not break...
Mr. Dawkins: All right, we are breaking tradition.
Mrs. Kennedy: Let me just state on the record, the only reason I wanted it was
when the...
Mr. Dawkins: We're breaking tradition, but you don't want to break tradition
for me to come in as Vice Mayor over here, but you all break tradition other
ways. You're not being fair.
59 November 3, 1988
Mrs. Kennedy: OK, let me speak now. When the Freedom Tower opens November
21st, for sentimental reasons because I was there many times with many friends
•hen we came to this country from Cuba, I just wanted to be Vice Mayor for
that ceremonial occasion. If it is bending the rules, I am willing to withdraw
my request and today the Vice Mayor will pass to you or...
Mr. Plummer: May I clarify the rules so that I don't read in tomorrow
morning's Herald that Commissioner Plummer suggested a violation of Sunshine
when I ■aid the two of them sit down...
Mayor Suarez: Sunshine will not be violated, I guarantee you that, not in
Florida.
Mr. Plummer: ... and talk, that there was no intent to violate the Sunshine
rule in any way, Mr. Ramos, Mr. Gjebre, it was to try to have two gentlemen
come up and make their own determination.
Mayor Suarez: We have a motion and we have a second. Unless any other motion
Is made, we are going to vote on that motion.
Mr. De Turre: What is the motion?
Mr. Plummer: Let the record reflect that I asked for a deferment, but since
that is not possible and we are going by the rules, then my motion has to
stand.
Mayor Suarez: OK, we have a motion that Commissioner Miller Dawkins will be
Vice Mayor for the next term in accordance with the Code and we have a second.
Any further discussion? Call the roll.
MOTION FAILED
MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE
MAYOR KENNEDY TO APPOINT COMMISSIONER MILLER J. DAWKINS AS VICE
MAYOR FOR THE NEXT TERM FAILED BY THE FOLLOWING VOTE OF THE CITY
COMMISSION:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Commissioner Miller J. Dawkins
Commissioner Victor De Yurre
Mayor Xavier L. Suarez
ABSENT: None
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: What the hell? You don't want to be Vice Mayor? You voted no,
on being Vice Mayor?
Mrs. Kennedy: You voted no, on being Vice Mayor?
Mr. Dawkins: I'll reconsider. Vice Mayor as of when?
Mrs. Kennedy: As of today.
Mr. Dawkins: No, because he says it is rotation, give it to him. We don't
need that.
Mayor Suarez: OK, on the basis of that, I looking for unanimity and vote no,
and I entertain a motion to have Commissioner Victor De Yurre be Vice Mayor
for the next calendar year.
COMMENTS AFTER ROLL CALL:
Mr. Plummer: Based on the statement of Commissioner Dawkins that he said give
it to Commissioner De Yurre, and that is his wishes, I will so make a motion.
Mrs. Kennedy: I move it based on the same reason.
60 November 3, 1988
ryx{ wFi+ nrtr _
W
*11
Mayor Suaree: No, you can only second it at this point.
Mrs. Kennedy: I bean I second, based on the same reason.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll please, so
we can get to some other items.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 88-1033
NOTE THE PARAMETERS OF THE HEREIN MOTION ARE CONTAINED
IN RESOLUTION 68-1034, SEE HEREINBELOW.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mrs. Kennedy: Based on the fact that as Mayor Suarez requested, it should be
unanimous, yes.
Mayor Suarez: I can't believe we did it unanimously, yes.
COMMENTS MADE AFTER ROLL CALL:
Mr. Fernandez: One point of clarification, Mr. Mayor. Is that to become
effective immediately, or is that to become effective December 1st?
Mrs. Kennedy: Yes, I would, if you said you have no problems, I would want it
to be effective December 1st.
Mr. De Yurre: As long as you invite me to that ceremonial situation...
Mrs. Kennedy: I am not doing invitations, but I will see...
Mr. De Yurre: ... because I was there too, and a lot of my friends were there
too, and...
Mayor Suarez: And as long as I am not invitedl
Mrs. Kennedy: This is not my ceremonial thing, it is...
Mr. Plummer: Let me tell you something. For 19 years I've been the Vice
Mayor, and I'm going to still carry my cards as Vice Mayor. You all do what
the hell you want.
Mr. Dawkins: OK, you are going to let her serve until then?
Mr. De Yurre: Yes, until December 1st. I'll take over December 1st.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
Mr. Plummer: It's a violation of the rules. I invoke the rule. November 31.
Mayor Suarez: Until November 30th. If we have November 31st, than we are
really violating the rules. Call the roll.
61 November 3, 1988
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION N0. 68-1034
A RESOLUTION ELECTING AND APPOINTING COMMISSIONER
VICTOR DE YURRE AS VICE MAYOR OF THE CITY OF MIAMI,
FLORIDA, TO SERVE A ONE YEAR TERM COMMENCING DECEMBER
1, 1988.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Comissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
22. DISCUSSION AND TEMPORARY DEFERRAL CONCERNING PLANS OF WYNWOOD COMMUNITY
ECONOMIC DEVELOPMENT CORPORATION FOR PROPOSED WYNWOOD INDUSTRIAL PARK
CONSISTENT WITH OBJECTIVES OF CITY. (See label 27)
Mayor Suarez: Item 41, Overtown-Wynwood Industrial Park. This is the
internal Trade Development Board's item.
Mr. Dawkins: Move, it, move it.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. All the reports that I get, Bill, and
Commissioner Dawkins is that there is a great need for an expansion of the
Free Trade Zone somewhere, and if we don't move pretty quickly, we could lose
out on it, so I hope that we are moving in the correct direction on this.
Mr. Dawkins: Yes, sir, we are, Mr. Mayor.
Mayor Suarez: And the Chamber of Commerce has been a little bit reluctant. I
don't know how we are doing on that. Maybe Commissioner Dawkins and I ought
to make a presentation to the board.
Mr. Dawkins: Tell that foreigner to sit down!
Mayor Suarez: Maybe you and I ought to make a presentation to the board of
the Chamber of Commerce.
Mr. Plummer: There is a difference between a foreigner and an undesirable
alien.
Mayor Suarez: Bill, maybe you ought to work with them and tell them that the
Chamber of Commerce wants to cooperate with us, we'd like to make a
presentation to their executive committee, or the Board of Governors, or
whoever, and see if we implement this and they have the franchise, so they are
going to have to bend a little bit.
Mr. Bill Rios: I will take care of it.
Mayor Suarez: On the expansion of the Free Trade Zone and I would like to
join Commissioner Dawkins on that and try to put a little additional pressure
on.
62 November 3, 1988
Mr. Dawkins: All right.
Mr. Rios: We will set it up, thank you.
Mayor Suarez: We have a motion and a second.
Mr. Donald F. Benjamin: Wait, wait.
Mayor Suarez: Yes.
Mr. Benjamin: Mr. Mayor and Commissioners, we don't like...
Mayor Suarez: Give us you name and address, please.
Mr. Benjamin: Oh, yes. Donald F. Benjamin, Overtown Advisory Board. It
seems to me that every time something happens in Overtown, or about Overtown
and the City sees that they want to go ahead with it, they ignore the Overtown
Advisory Board. We have no idea what the proposal is all about. It says
Overtown-Wynwood.
Mayor Suarez: Well, it is kind of in the northern fringe of Overtown. Don,
what we are trying to do is, by calling it Overtown, it is really Wynwood, but
we wanted to add another target area, to show that it is something extremely
Important in economic development terms, but you are right, that a
presentation should be made and I volunteer Commissioner Dawkins to make a
presentation.
Mr. Benjamin: But let me finish my point.
Mayor Suarez: It is not technically in Overtown. Maybe we shouldn't have put
Overtown in there.
Mr. Benjamin: Well, it was the same thing with the Miami Arena.
Mayor Suarez: Well, that's technically in Overtown.
Mr. Benjamin: It wasn't technically in Overtown.
Mayor Suarez: No, that's technically in Overtown.
Mr. Benjamin: Wait a minute. When at first, that it wasn't technical, now it
is in Overtown. And these things go on, as long as you want to guess them,
and then you ignore us.
Mayor Suarez: Frankly, we thought that by including the Overtown in the
terminology, I think that is what the International...
Mr. Benjamin: Don't use us, that's my pointl
Mayor Suarez: You are right, you are 100 percent right.
Mr. Rios: I'd be happy to remove the Overtown name. It was just ceremonial.
Mr. Benjamin: But if it covers any part of Overtown, you see, I don't want
any fighting with them, we are not trying to fight.
Mayor Suarez: I think that's a very good point. Wait, wait, that's a very
good point. A community could be used, and feel used if you include their
name and don't consult them, so if it is technically not in Overtown, we
shouldn't have mentioned Overtown.
Mr. Rios: No, I, we...
Mayor Suarez: Or we should have gone to them, and said, do you want to be
included in this? Would you like to participate with us in this? Do you
recognize that this may or may not have some benefits for the area? - and then
Include them.
Ms. Ann Marie Adker: That's right, that's right.
Mayor Suarez: In fact, I think we ought to move that without the inclusion of
Overtown until we have consulted...
63 November 3, 1988
it
Ms. Adker: No, nol
Mr. Benjamin: Well, wait a minute, let's see whether it's part of Overtown,
that's what we are saying.
Mayor Suarez: No, I think not, I think it is technically not Overtown on...
Mr. Rios: No, physically it is not in Overtown. The name was ceremonial.
Mr. Benjamin: What are the boundaries?
Ms. Ann Marie Adker: Well, what was the...
Mayor Suarez: Wait, wait, please, Ann Marie, we are going to determine the
boundaries. I think Overtown extends as far north as, what?
Mr. Rios: Twentieth Street.
Ms. Adker: Twenty-third, love.
Mr. Rios: Oh, sorry.
Ms. Adker: Yeah.
Mayor Suarez: At least I got a love out of this. Mr. Castaneda, sir, can we
have the good old definition of the target area?
Mr. Frank Castaneda: It is definitely in the Wynwood area, Commissioner.
Ms. Adker: OK.
Mr. Benjamin: No, no, what are the boundaries?
Mayor Suarez: How far north does Overtown go, is what everybody wants to
know.
Mr. Castaneda I don't have my map with me...
Mayor Suarez: But you have it memorized.
Mr. Castaneda: ... but the garment industry is definitely in the Wynwood
target area. That's the area north. North of the...
Mr. Benjamin: How can you tell me that when you can't tell me the boundaries?
Give me the boundaries.
Mayor Suarez: Don, please. Do you have an understanding that Overtown, the
Federally defined target area goes up as high as 23rd Street? That's what he
In saying, Frank.
Mr. Castaneda: Exactly. It is not south of it. It is not in Wynwood.
Mr. Benjamin: Mr. Mayor, how difficult it is for these very important and
competent officials to give us the boundaries.
Mayor Suarez: We are going to clarify it. The item is tabled until we
clarify the boundaries. I don't think we ought to even vote on it with the
name Overtown unless we are sure it is not in Overtown.
Mr. Rios: I'd be happy to remove the name Overtown, I mean that was just
ceremonial.
Ms. Adker: That's not the point. That's not what we're talking about.
Mayor Suarez: Well, he wants, as long as he is being consulted, because the
name is in there, he wants to be consulted, Bill, and I think we all...
Mr. Rios: I'd be happy to do that. '
Mr. Dawkins: And the word, Overtown is going to stay in there so that if any
development or anything be done, it would be done in Wynwood and Overtown.
OK, that's all, I mean, that's all.
64 November 3, 1988
9
Ms. Adker: That's right, I don't have no problem with that. I just want to
know.
Mr. Rios: Either way, I have no problems.
Mayor Suarez: OK, now wait. Now maybe we don't have to define the boundaries
at this particular point if you have no problem with the Overtown word being
In there, as long as you are consulted.
Me. Adker: No, I just want to know what...
Mayor Suarez: Please, please, Ann Marie we are talking to Don here.
Mr. Rios: I'd be happy to make a presentation to you.
Mr. Benjamin: We want to know what the exact boundaries are before any other
thing happens, because if... this yes.
Mayor Suarez: OK, we are tabling the item until we can figure that out from
the target area.
(THEREUPON THE ITEM WAS MOMENTARILY TABLED)
23. AUTHORIZE PURCHASE OF LASER PRINTER FROM UNISYS CORPORATION.
Mayor Suarez: Item 42.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mayor Suarez: Do you want to second the 42?
Mr. Dawkins: What?
Mayor Suarez: Laser printer, $5,000.
Mr. Dawkins: Yes.
Mayor Suarez: Moved and seconded. Commissioner Dawkins seconded. Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1035
A RESOLUTION AUTHORIZING THE PURCHASE OF A LASER PRINTER
AT A TOTAL COST OF $5,609.20 BASED ON AN ANNUAL COST OF
$1,101.84 PLUS $10.00 FOR DELIVERY FROM UNISYS CORPORATION
UNDER AN EXISTING DADE COUNTY CONTRACT; ALLOCATING FUNDS
THEREFOR FROM THE BUILDING AND ZONING DEPARTMENT OPERATING
BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
65 November 3, 1988
0
0
ATES: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
24. ALLOCATE $79,500 FOR REHABILITATING LUMMUS PARK.
Mayor Suarez: Item 44.
Mr. Plummer: That's Victor's item. Victor, you want to move 44?
Mayor Suarez: Lummus Park Redevelopment finally.
Mr. Plummer: Victor, 44 is yours if you want to move it.
Mayor Suarez: Lummus Park Redevelopment monies.
Mr. De Turre: Move it.
Mr. Plummer: Second.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded.
Mr. Dawkins: OK, under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: 44, I have 24 here, bear with me. OK, anyway, item 44, Mr.
Manager, why is it that these things cannot be done with Public Works money,
all right? An entry plaza is Public Works. Site paving, we got money in
Public Works. Why is that you cannot do these things from Public Works budget
and let the Parks and Recreations money go for park and recreation issues?
Mr. Odio: This is your money. Go ahead and explain it.
Mr. Castaneda: This is Community Development block grant money.
Mr. Dawkins: Yes, you are not in Public Works, sir.
Mr. Odio: Commissioner, this is not money from the Parks Department. This is
CDBG money.
Mr. Dawkins: OK, coming back at what I'said. All right, let me ask a
question. Does Public Works have a Capital Improvement budget?
Mr. Odio: Yes, sir.
Mr. Dawkins: All right, and would you consider entry plaza, site paving, as
Capital Improvements?
Mr. Odio: Yes, sir.
Mr. Dawkins: Well, all I am saying...
Mr. Odio: But what I am saying is, CDBG monies is free money to us...
Mr. Dawkins: OK, now, I'll ask it another way. Isn't there anything else
that could be done with $80,000 in the parks? - like buying swings, or...
Mr. Odio: No, this would not affect that at all, Commissioner.
66 November 3, 1988
VJ
0
Mr. bawkina: OK, all right, here again, we got ones-X dollars now, and if we
add $80,000 to the budget, we got one-X plus $80,000. All I want to know from
you, or somebody over there, Can this be qualified as Capital Improvements and
taken from the public Works budget?
Mr. (idiot Yes, air, I can do that.
Mr. Dawkinst OR, no, no, you tan?
Mr. Odiot Yes, sir.
Mr. Dawkins: All right, now neat time, let's do that, OK, all right?
Mr. Odio: Yes, sir.
Mr. Dawkins: No further questions, Mr. Mayor.
Mayor Suarez: Call the roll on 44.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 88-1036
A RESOLUTION ALLOCATING $79,500 OF TWELFTH (12TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT CONTINGENCY FUNDS
FOR THE PURPOSE OF REHABILITATING THE LUMMUS PARK
REDEVELOPMENT PROJECT IN THE DOWNTOWN CITY TARGET
AREA, THEREBY INCREASING THE PROJECT BUDGET FROM THE
CURRENT $147,924 TO A NEW TOTAL PROJECT ALLOCATION OF
$227,424.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
25. ACCEPT BID: D.E. GIDI AND ASSOCIATES CORPORATION FOR LUMMUS PARK PLAZA
PHASE I.
Mr. Plummer: Move item 45.
Mr. Dawkins: Second.
Mr. Plummer: Ben, what do you want?
Mr. Donald F. Benjamin: If you want to go...
Mayor Suarez: No, no, we will get that in a second. We are just on 45. We
have a motion and a second.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Call the roll on that resolution, please.
67 November 3, 1988
The following resolution wan introduced by Commissioner Pluffner, who
[roved its adoption:
RESOLUTION NO. 88-1031
A RESOLUTION ACCEPTING THE BID OF D.E. GIDI 6
ASSOCIATES, CORP. IN THE PROPOSED AMOUNT OF
$65,300.30, BASE BID PLUS ADDITIVE ITEM "A" OF THE
PROPOSAL, FOR LUMMUS PARK PLAZA - PHASE 1; WITH MONIES
THEREFOR ALLOCATED FROM THE 1988 CAPITAL IMPROVEMENT
ORDINANCE NO. 10347, PROJECT NO. 331042 IN THE AMOUNT
OF $65,300.30 TO COVER THE CONTRACT COST; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
26. OPEN BIDS; NORTH FLAGLER SANITARY SEWER IMPROVEMENTS B-5500.
Mr. Plummer: Move 69, the bids be opened.
Mayor Suarez: Yes, move to open the bids at 69, and then let's go back to 43.
Do you want to second to open the bids?
Mr. Dawkins: Yes, second.
Mayor Suarez: Moved and seconded. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-1038
A MOTION TO RECEIVE, OPEN, AND READ ALOUD SEALED BIDS
FOR THE NORTH FLAGLER SANITARY SEWER IMPROVEMENT B-
5500; FURTHER REFERRING SAID BIDS TO THE
ADMINISTRATION FOR PROPER TABULATION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Do we need another motion on the bids? Oh, you are going to
read them, I'm sorry.
68 November 3, 1988
Mr. Foeman: Mr. Mayor, these are bids for North Flagler Sanitary Sewer
Improvement, B-5500.
BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS:
BIDDER BID AMOUNT ALTERNATE BID -
Lanzo Construction $4,432,260 $4,331,706
Roenca Corporation $5,546,770 $4,987,980
Rocco Ferrera 8 Co., Inc. $4,111,267 $4,143,407
Douglas N. Higgins, Inc. $4,033,120 $3,989,280
Mr. Plummer: Move we send these to the Finance Department...
Mr. Dawkins: Second.
Mr. Plummer: ... the normal regulations for tabulations.
Mayor Suarez: North Flagler Sanitary Sewer Improvements.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
THEREUPON, ON MOTION duly made by Commissioner Plummer and
seconded by Commissioner Dawkins, the City Commission moved to
send bids to the Finance Department for tabulation by the
following vote of the Commission:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None
ABSENT: Commissioner Victor De Yurre
(NOTE: The parameters of the herein motion are contained in Motion
88-1038 above.)
27. FINDING PLANS OF WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION for
proposed Wynwood Industrial Park consistent with City. (See label 22)
Mayor Suarez: We need to have a resolution on item 41 on the boundaries.
Mr. Bill Rios: Yes, the boundaries are in the Wynwood target area.
Mayor Suarez: What is the northern boundary of Overtown?
Mr. Guillermo Olmedillo: The northern boundary of Overtown, sir, is 20...
Mayor Suarez: Not that avenue.
Mr. Olmedillo: Is 22nd and 22nd Terrace and they don't coincide. Wynwood is
just on the north side of the street, Overtown is on the south side of the
street.
Mayor Suarez: OK, what are you going to do on the name, are you going to try
to include Overtown?
Mr. Rios: I am having them remove the name, Overtown, is what they want.
Mayor Suarez: That's what they want? Why don't you bring it to them later
and see if they would like to be included and we can... would the board like
to do it?
Mr. Rios: I will do that. I would like them to reconsider.
69 November 3, 1988
Mr. Hawkins: Get it passed and then let's worry about what we are going to do
with it.
Mayor Suarez: OK, let's remove it at this point and then you can always...
OK, can we remove that by inter -delineation or whatever on 41?
Mr. Odio: This is a resolution. This is only a resolution.
Mayor Suarez: OK, do we have a motion and a second, I think?
Mr. Dawkins: Uh huh.
Mr. Plummer: Yes.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1039
A RESOLUTION OF THE MIAMI CITY COMMISSION FINDING THAT THE
PLANS OF THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
CORPORATION FOR THE PROPOSED WYNWOOD INDUSTRIAL PARK ARE
CONSISTENT WITH THE OBJECTIVES OF THE CITY OF MIAMI
PORTION OF THE NORTH CENTRAL DADE COUNTY ENTERPRISE ZONE,
THE WYNWOOD LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT
DISTRICT (ORDINANCE NO. 10406), THE GARMENT CENTER/FASHION
DISTRICT REDEVELOPMENT PLAN (RESOLUTION NO. 79-553) (JULY
1979) THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND
ADDENDA (SEPTEMBER 1985) AND EXISTING, APPLICABLE CITY OF
MIAMI REGULATIONS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
-------------------------------------------------------
NOTE FOR THE RECORD:
Miami) was withdrawn.
Item 47 (agreement with Film Society of
28. THROW OUT BIDS RECEIVED FOR OFFICE FURNITURE TO THE FIRE DEPARTMENT,
ADVERTISE AND REBID
Mayor Suarez: Item 49.
Mr. Dawkins: Mr. Mayor and fellow Commissioners, this is the third time this
has been back, and this is the third time I say the same thing. You have
excluded minorities, blacks, Latins and women from participating, in that you
have demanded an item that is provided only by a majority firm. I do not
understand why I have to constantly sit here and tell you that Steel Case is
not the only furniture that can be used. I had the same problem with the
Housing Authority. They came before me and told me that they had to have
steel case so that it would match everything in the City. I am not interested
in matching, I am interested in everybody receiving a fair share of the tax
70 November 3, 1988
dollars. Now, I will read to you from page two, minority representation.
There are no minority women vendors who are distributors of steel case
furniture. Adrienne Macbeth, the Minority Woman Business Affairs Procurement
Coordinator has reviewed Affirmative Action Equal Opportunity policy of the W. F. Ruff Company and found it acceptable. I do not find it acceptable in that _
you do not have any minorities in the City of Miami who have a steel case
contract.
Mrs. Kennedy: And what it should read, following Commissioner Plummer's
comments, he said the City should identify furniture set aside for
minority/woman vendors.
Ms. Adrienne Macbeth: Commissioner, that's we are attempting to do. The
distributorship for not only the steel case furniture, but for all office
system furniture, is of such a volume that the minority companies who do work
with us in terms of either interior design, or office supplies and equipment
are unable to handle those kinds of distributorships. What we have done with
the Fire Department is to insure that in the future, in the same manner that
we did with the Housing Authority, that we will be setting these bids aside.
Therefore, the distributors, will in fact, have to deal with the minority
vendors.
Mayor Suarez: Why do we have to define the specs as being steel case in view
of what everything you've said?
Ms. Macbeth: That was a...
Mayor Suarez: I mean, why can't we have normal... I don't particular want it
all to be uniform either. As Commissioner Dawkins said, I don't mind if we
have some variety.
Ms. Macbeth: That was an error on the part of the advertisement.
Mr. Dawkins: Then throw it out and readvertise it.
Ms. Macbeth: Mr. Mayor, what we are doing in the future is advertising all
these bids, simply as office systems, and we will not spec the steel case
furniture in the future.
Mayor Suarez: Because I don't have to remind you. I think you were around at
the time, the last fiasco with office furniture, where the company that
designed the specifications was the only one that participated in the bidding
and the advertisement for the bidding went out the very last day for bidding,
and the whole thing ended up being one big illegal mess for the City. It was
a $500,000 contract to a company that coincidentally was from the same
hometown as the Manager, not this Manager.
Ms. Macbeth: Yes, sir. In addition to that, what we have done recently, is
to set aside a similar office systems furniture bid for the Police North
District substation, specifically for black vendors.
Mr. Dawkins: I don't know nothing about the set asides. I'd like to know
from you Ms. Macbeth, after my arguing about the one with the Housing
Authority, how you could you come before me and recommend this when knowing
good and well that I didn't like the other one?
Ms. Macbeth: Sir, we set the furniture bid aside for the Housing Authority,
and that was put in by a black vendor.
Mr. Dawkins: But after I suggested that you put it back out, so why didn't,
knowing that I felt that way about the other one, I mean, I wouldn't feel any
differently about this one, so this one should have been set out for women or
black, or something.
Ms. Macbeth: At the point at which I was involved in this bid, Commissioner,
we did that review.
Mr. Dawkins: OK, we almost got to go to lunch. Mr. Mayor, I would like to
readvertise this and put it out. If I am the only one who feels like that...
Mrs. Kennedy: No, no, I just expressed my opinion, I second your motion.
71 November 3, 1988
4
i
Mayor Suaret: No, no, you've got some companions.
Mr. Dawkins: OK, I move that this be withdrawn and put out And rebid.
Mayor Suarez: Moved and seconded by Vice Mayor Kennedy. Any discussion?
Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1040
A RESOLUTION REJECTING ALL BIDS/PROPOSALS RECEIVED BY THE
CITY IN CONNECTION WITH THE PURCHASE OF OFFICE FURNITURE
FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES; FURTHER DIRECTING THE CITY MANAGER TO SEEK NEW
BIDS/PROPOSALS BASED ON SUCH SPECIFICATIONS AS HE DEEMS
APPROPRIATE FOR THE PROCUREMENT OF SAID PURCHASE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
29. LEAGUE OF CITIES CONVENTION IN BOSTON: authorize representation of City
Commissioners who wish to attend
Mr. Plummer: May I read this, please. (COMMISSIONER PLUMMER READS ORDINANCE
INTO RECORD, SEE HEREINBELOW) I so move.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1041
A RESOLUTION AUTHORIZING THE REPRESENTATION OF THE CITY OF
MIAMI, FLORIDA, AT THE NATIONAL LEAGUE OF CITIES
CONVENTION IN BOSTON, MASSACHUSETTS, ON DECEMBER 3-7,
1988, BY SUCH MEMBERS OF THE CITY COMMISSION WHO MAY CARE
TO ATTEND.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
72 November 3, 1988
4
Is
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
30. ST. HUGH OAKS PROPERTY IN COCONUT GROVE NEIGHBORHOOD designate category
B project for 30 unit single family residential sales housing project
Mayor Suarez: Item 50, designating as category B project the development of
thirty single unit family residential units. Does this resolution embody the
concept that the City will be the developer, Jerry?
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mr. Jerry Gereaux: Yes, it does.
Mayor Suarez: There is no option if someone thinks they can do it cheaper? I
know we have our opinions as to whether they can, but...
Mr. Gereaux: The reason for that is the source of the revolving construction
fund. We have to be the sponsors to spend the money.
Mayor Suarez: OK, now we tried other agencies, they have taken too long, now
we are trying the City. What if you take too long?
Mr. Dawkins: Then he gets fired, automatically.
Mr. Gereaux: Yes, then I get fired.
Mr. Dawkins: He gets terminated.
Mayor Suarez: Can we build that into the resolution?
Mr. Dawkins: Are you going to move on this quickly?
Mr. Gereaux: Yes, yes.
Mayor Suarez: Because otherwise the agencies are going to be down on our
backs saying, you know, like Coconut Grove LDC and any others.
Mr. Gereaux: As quickly as the process permits us to. We will not dwaddle.
Mr. David Alexander: Mr. Mayor.
Mayor Suarez: Yes, Mr. Alexander, sir.
Mr. Alexander: David Alexander, Coconut Grove LDC. We are asking that the
committee allow us to present with the department jointly, our joint
development concept for the St. Hugh's property in Coconut Grove. As we speak
a proposal is being produced for the members of the Commission and the Mayor
and the staff of the City. We met with them three weeks ago and discussed the
basic parameters of that. We believe we can bring the financing to the table.
We believe that the Coconut Grove LDC can also share in the revenues from the
project and that the City can support us and the community and that sounds
great.
Mr. Dawkins: Are you telling me, sir, that you can bring these houses in and
sell them to the public lower than we can, is that what you are telling me?
Mr. Alexander: Based on what the department told us Commissioner Dawkins,
yes.
73 November 3, 1988
s
Mr. Dawkins: OK, Mr. Jerry Gereaux...
Mr. Gereaux: Yes, sir.
Mr. Dawkins: ... what are we projecting to bring these units in at?
Mr. Gereaux: These units will be brought in at $75,000.
Mr. Dawkins: $75,000 complete, including what?
Mr. Gereaux: Well, including three bedrooms, two and one-half baths, all the
appliances, 1,500 square feet.
Mr. Dawkins: No, no, I don't need no more two and one-half, now see. I am
not going with it, see you all stuck me with two and one-half on the others,
OK? I don't need no more showers in a master bedroom, OK? Is that clear now?
I want it on the record now. We do not want any showers in a master bedroom.
Mr. Gereaux: There will be no showers in the master bedroom, sir.
Mr. Dawkins: OK, now, and you are going to bring them in at what now?
Mr. Gereaux: About $75,000, that is what our estimate is.
Mr. Dawkins: Now you can bring the unit in with three bedrooms, two baths and
fully equipped for $75,0007
Mr. Alexander: Absolutely, sir. Absolutely, Jerry Gereaux told that there is
no land cost involved in that $75,000. If that is the case, we can beat that
price by at least $10,000.
Mr. Dawkins: You can bring it.... OK, now what do you have to put up as
collateral, if you do not bring them in at $65,000? But now see, you just
told me yourself that you are going to bring them in at $65,000.
Mr. Alexander: Yes, sir, providing that the understanding is the same.
Mr. Dawkins: No, no, I don't need no provisions. Now wait, we don't need the
provisions. We need to know through, and I hope I am not being rude, but I
allow you a provision, then you don't conform, I mean, you are off the hook!
Mr. Alexander: Absolutely, Commissioner, we will commit delivering the units
at under $70,000.
Mr. Dawkins: I don't need no recommendations, I need a firm commitment from
you that you will bring the units in at $65,000, complete, ready to be moved
into.
Mr. Alexander: Absolutely, Commissioner.
Mr. Dawkins: All right, go ahead, Ms. Armbruster.
Mr. Plummer: Well, wait a minute now. You know, I can build a unit for $12 a
square foot and I can build a unit for $22 a square foot, and what in the hell
are we, we are not comparing apples to apples. I don't know what he is
providing in the quality at $75,000, and him at $65,000, and I can get Abe
Snake to come in at $55,000 and don't paint the walls. Now, so this is not a
comparison.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, OK, you know, I am...
Mayor Suarez: Jerry, I think that the issue of...
Mr. Plummer: It's not apples to apples.
Mayor Suarez: Exactly what we are getting for $75,000 is worth clarifying and
for my particular preference, I want to see a smaller figure for that. Why is
it $75,000 per unit? Let me ask him technically.
74 November 3, 1988
Mr. Gereaux: What we are building for $?5,000 is a 15,000 square foot three
bedroom, two bath hone.
Mrs. Kennedy: 1,5001
Mr. Gereaux: Sorry, 1,500. 15,000, 1 wish we could. With all of the
amenities.
Mayor Suarez: We are afraid you may be building a 15,000 square foot!
Mr. Plummer: How many houses are you doing?
Mr. Gereaux: With parking... we are planning on building 30 homes.
Mayor Suarez: And $75,000 is your absolute bottom price on what you can do
these for?
Mr. Gereaux: Yes. Just by way of information, the average cost of a home,
new or used, in this area, and it just came out again today, it hovers at
$100,000 for the average home and these homes are not average.
Mayor Suarez: But that $100,000 I think usually includes the value of the
land, doesn't it?
Mr. Gereaux: Yes, it does. You're right.
Mr. De Yurre: Jerry, what is the difference between...
Mayor Suarez: And a profit too.
Mr. Gereaux: And a profit.
Mr. De Yurre: ... what you are proposing and what we just saw a few weeks
ago, in the northwest area.
Mr. Gereaux: It's essentially the same product, only there are more of them.
The design is different, of course, but the amenities are pretty much the
same. These are slightly larger, and the reason, by the way, we are able to
bring them in at this cost is because of our revolving construction cost.
Mr. De Yurre: Was it slightly larger. How much?
Mr. Gereaux: Well the ones that we looked at a couple weeks ago are 1,350
square feet, and these are 1,500 square feet.
Mr. De Yurre: So that is 150 square feet additional.
Mr. Gereaux: Yes.
Mayor Suarez: Those are where that you are talking about?
Mr. De Yurre: In the northwest area, what, 58 or something like that?
Mr. Gereaux: Fifty-eight, those are the ones that we looked at, yes.
Mr. De Yurre: OK now, we are talking about... that 58, they cost $50,000 to
build? Am I pretty much on line with that?
Mr. Gereaux: Yes.
Mr. De Yurre: Plus the land, $7,000 for the lot.
Mr. Gereaux: Yes.
Mr. De Yurre: OK, so we are talking about $50,000 for 1,350 square feet.
Mr. Gereaux: Yes.
Mr. De Yurre: What does that break down to?
Mr. Gereaux: And $75,000 for 1,500, and the difference is not really in the
number of square footage, although that certainly contributes. The difference
75 November 3, 1988
f
i
i
is the bite that we looked at up north, up in the northwest already had the
site improvements on the site. Now, when we build a 30 unit village, we call
It a village...
Mr. De Yurre: We're talking about pavement, they have to have a roadway.
Mr. Gereaux: The pavement, the utilities, the interior lighting for the site,
all of those things. That's really where the difference comes in, not...
Mr. De Yurre: $25,000 worth of difference?
Mr. Gereaux: Yes, sir.
Mr. De Yurre: I don't think so.
Mr. Plummer: OK, a question, Jerry. Are you finished?
Mr. De Yurre: Yes, you know, you can get an improved lot ready for a lot
less, including the land.
Mr. Alexander: That's our position, Commissioner.
Mr. De Yurre: I don't see that happening. I'd like to see your numbers,
though, how you came up with those figures.
Mr. Plummer: Let me ask a question here. What about the acquisition of the
land? Where are we getting that money back?
Mr. Gereaux: We acquired that site a couple of years ago.
Mr. Plummer: Correct.
Mr. Gereaux: And the money that we get from the sale of the units, when we
assign land price will go back into the fund.
Mr. Plummer: Are you taking the land acquisition cost from the $75,000?
Mr. Gereaux: No, we are not.
Mr. Plummer: Well, how, you know, I hate saying this...
Mayor Suarez: What are the units going to sell for? This answers the
equation, I think. What are the units going to sell for?
Mr. Gereaux: OK, the...
Mayor Suarez: You are hoping to acquire some or all, and that's Commissioner
Plummer's question all the time, how much of the land acquisition are we going
to...
Mr. Plummer: How are we going to continue these programs if we don't get back
some of this money to continue to buy property? We can't just liquidate
everything we've got and say to the public, hey, you know, fine, I'm glad some
people got it, but the rest of you are out the window.
Mr. Gereaux: You've brought up a very, very, important point, Commissioner.
Mayor Suarez: Well, we know that is very important, Jerry. What can...
Mr. Gereaux: And the problem is that if we are trying to produce housing —
that's affordable to the residents of this community, and something doesn't
give, we will be unable to do it. A private developer certainly cannot do it.
We are able to bring in the housing at a little less of the cost because of
the revolving construction fund and because we are absorbing most of the soft
costs that will be passed on to the buyer. If a private developer had to
build these units, and assign $10,000 to the land cost, he would be bringing
them in at around $95,000 to $97,000 per unit. That's medium. We are not
dealing with the population of buyers that need...
Mayor Suarez: And if assign $10,000, you are recovering $300.
' Mr. Dawkins: What are we going to recover... what did we pay for the land?
fi
76 November 3, 1988
1
e
3
Mr. Gereaux: We paid a little over $1,000,000 for the site.
Mr. Dawkins: Now, with the 30 units that you are going to...
Mr. Plummer: It's $33,000 per land site.
Mr. Gereaux: Yes, the bottom line is, we are going to take about a $23,000
per unit hit, if you want to call it that, to bring the housing on line.
Mr. Dawkins: You mean to say that on each lot you are going to only
recuperate $10,000?
Mr. Plummer: You can't do it.
Mr. Gereaux: If we can sell the units, if we can build them for $75,000,
adding $10,000 you know, for the land, brings us an $85,000 product. We can't
really go any higher than that on land cost and still build the product. It
is a matter of something's got to give, if we are going to produce the
housing.
Mr. Dawkins: You just said what's going to give. This has been out for bid?
Mr. Gereaux: No, this has not been out for bid. We are here today to request
your approval to detail the thing with an architect.
Mr. Dawkins: Mr. Mayor, I make a motion that we put this out for bid, and,
who has got a calculator, please quickly? All right, 33 times $75,000 comes
to what?
Mr. Gereaux: It's 30.
Mr. Dawkins: 30 times...
Mr. Plummer: $2,250,000.
Mr. Dawkins: What?
Mr. Gereaux: Two, two.
Mr. Plummer: $2,250,000.
Mr. Dawkins: OK, I would like to make a motion that we put out a bid saying
that we want... spell out what we want and we have two million, whatever it is
to do it with, and let people come in and bid on... and be sure you spell out
what we want and see what you can get done here.
Mr. Plummer: What about recouping the money for that land?
Mr. Dawkins: Well I am adding $20,000 for the land.
Mr. De Yurre: Yes, but that's not going to be the cost they bring it in
under. Right now Miller, based on what we saw on 58th Street, the cost of
building this property, without the street improvements and things of that
nature, we are talking about $56,000 based on those numbers that we heard, of
the $58,000, so we are adding what, $10,000 to recoup part of the land cost?
Mr. Gereaux: Yes, we are. We are trying to get something that...
Mr. De Yurre: So that brings it up to $66,000, so you are telling me that we
are spending $9,000 per unit...
Mayor Suarez: For street improvements.
Mr. De Yurre: ... for street improvements.
Mr. Gereaux: For all site improvements, lighting, sewer, water, the whole
works, yes, $11,000 a year.
Mayor Suarez: And the properties are larger too. I think that...
Mr. De Yurre: That's expensive.
{ 77 November 3, 1988
WIFIRU.ad `Se., 4:.n..
Mayor Suarez: Another 150 square feet. Now, Jerry, and Commissioner Dawkins
is proposing now that we sort of do this on a private basis, by putting it out
for bids. You are proposing today that we approve the City doing it itself.
Mr. Gereaux: Yes, I do. The program has been set up to do it.
Mayor Suarez: Of course, we are in a bind. We paid too much for the
property. We all know we paid too much for the property. Now, we have this
property and the City has to make a policy decision today, whether we are
going to try to build this ourselves, this project that we think is desirable
and the community presumably is in favor of, knowing that we are going to take
some hit on the purchase of the land, or we're going to quote, unquote, put it
out for bid. Your recommendation is that we do it ourselves.
Mr. Gereaux: Yes.
Mayor Suarez: And want to clarify that for Commissioner Dawkins, because if
we now deviate from the process that we have been going through, either way we
are going to lose money. There is no way we are going to recoup, I think,
what we invested on this, but if we are not going to try to let the City do
it, I want the Commission to understand that by putting it out for bids...
Mr. Dawkins: Move it.
Mayor Suarez: ... we would be taking possibly forever.
Mr. Dawkins: Move it to let them build it for $75,000.
Mr. Alexander: Commissioner Dawkins.
Mayor Suarez: Commissioner Dawkins, wait a minute, Commissioner Dawkins has
moved it.
Mr. Dawkins: I move it.
Mayor Suarez: Do I have a second?
Mr. Dawkins: First, before I move it, let me hear from Mrs. Armbruster. She
has been standing up there so long.
Ms. Esther Mae Armbruster: Good morning! I took my pill this morning, so I
think I can go through this. We are...
Mr. Plummer: What kind of pills are you using? We need a whole lot of them
up here.
Ms. Armbruster: High blood pressure. I need it when I come down here! And
the blow...
Mrs. Kennedy: Is it a stress tab or high blood pressure?
Ms. Armbruster: I refuse to die, so it is high blood. I would like to take
. you back on memory lane, if you don't mind. If you mind, I still like to take
you back on it. In Coconut Grove we have 165 units for the senior citizens.
We have 24 houses, public housing, on one side of Douglas, and 24 on the other
side. We have 14 houses, Melbrooke built those about four, five years ago on
Brook and Day Avenue. We have built on Franklin 26 townhouses for the
We have in Coconut Grove, you, the City and the County, some kind of ways,
have built 26 scattered houses for the welfare people. Now is about time that
we had something decent. The beautiful city of Coral Gables has done its
thing two or three weeks ago to build those 15 houses. They are going to
build some more houses over there later on too. We have seen the plans, we
have discussed this project pro and con and we like the drawings, we like
everything about the houses , and we have faith in you that you
are going to do what you said. Now, there are people who can afford those
houses. We have people who can afford those houses and happened to ask if
those people who are going to buy those houses, that they have at least two
and one-half children, something like that, to bring back new blood in Coconut
Grove. Now, we cannot continue to build houses like you have been building
before. We appreciate what you have done and in the future maybe, something
else you can do, but on St. Hugh's tract, we are trying to bring the community
78 November 3, 1988
... _ . 1\�'1 Yj•. r1 xr,:i i'�L.p • r ],�. .- � i 'TA �w'arP$�1 ...— PRIgIR191dIR 1111 IQII III... _
up, something that's differently. We are trying to keep the historical, the
heritage, we are trying to keep Coconut Grove a place where anybody can buy
and sell that. Now, as far as LCD, LCD was hired by AA, CED to develop... it
was not hired to go into housing. We don't need him to go into housing. They
are not doing anything for which they were hired, and you keep on funneling
money into LCD, you do what you want to do, but we would like, what we have
already seen on St. Hugh tract and not that LCD come and contact at all,
because we might not ever get them. We might not, and we want them well
built, the rooms are beautiful, 12 by 12, nice sized rooms, linen closet
upstairs, complete bath upstairs, complete bath in the master bedroom
downstairs, which is larger and there is a linen closet under the staircase,
there is a patio. We like what we have seen. We have been going to meetings
and meetings and meetings and now for you to sit and change all what we have
sweated through, and lost rest at night for, for somebody else to put out for
bids, now really, really, something is wrong somewhere.
Mr. Dawkins: All right, I get your message.
Ms. Armbruster: Somewhere, something is wrong!
Mr. Dawkins: Mr. Mayor, we have said that this Commission is committed to
providing housing, affordable in all areas. We have put some houses in
Liberty City. We have some houses scheduled to go in Wynwood, Commissioner De
Yurre is working to get some affordable housing in the Flagami area. It is no
more than right that we put some affordable housing in Coconut Grove. I too
feel like J.L. that if we continue to utilize our land banks without receiving
money, we are going to run out of land, but somewhere along the way, we have
to put up some units to show the individuals what can be done and what should
be done for the area, so with that in mind, even though I'd like to see us
receive more money, I'd like to move that our Housing Agency be given the go
ahead to construct these homes.
Mayor Suarez: So moved.
Mrs. Kennedy: I'm going to second that motion and David, let me tell you why,
I was just asking of staff if they had any idea that you were coming before us
to present this plan. This is the first time I heard of it. My staff had
never heard of it before and I think that it is time that we comply with the
residents and the neighbors and go ahead and get this housing build. It is
badly needed.
Ms. Armbruster: I thank you very much.
Mr. Alexander: Vice Mayor Kennedy, we were told that it would not come up
today. Two weeks ago we were told that it was not going to come up today and
that's why you haven't heard from us, because we told the department that we
would produce a proposal and the agreement was we would give them a one pager,
to be followed by the performance. Now, I am telling you that the City has an
opportunity to make a difference here, if in fact this department is going to
sell the land sites, the land lots for $10,000 per unit, the Coconut Grove LDC
will gladly go out there and raise $300,000 and buy this piece of property
from the City of Miami to build our houses.
Mr. Dawkins: Are you building homes in conjunction with Coral Gables?
Mr. Alexander: Oh, we are trying Commissioner, but it has been real hard
time.
Mr. Dawkins: All right so, you know, you still have a project on the board
that you are trying to do.
Mr. Alexander: Absolutely. _
Mr. Dawkins: We are going to do this one, so with that in mind, I call the
question.
Mrs. Armbruster: Thank you.
Mayor Suarez: OK, we have a motion and a second. We have a motion to close
debate. I don't think it is really necessary to vote on the closing of
debate, because I think we are all in agreement that we should vote on this.
Call the roll.
79 November 3, 1988
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1042
A RESOLUTION DESIGNATING AS A CATEGORY "B" PROJECT, THE
DEVELOPMENT OF A THIRTY (30) UNIT SINGLE FAMILY
RESIDENTIAL SALES HOUSING PROJECT ON THE THREE (3) ACRE
CITY -OWNED PARCEL KNOWN AS THE ST. HUGH OAKS PROPERTY IN
THE COCONUT GROVE NEIGHBORHOOD; AUTHORIZING THE CITY
MANAGER TO ADVERTISE FOR THE REQUIRED PROFESSIONAL
PLANNING AND DESIGN SERVICES; APPOINTING A CERTIFICATION
COMMITTEE OF NOT LESS THAN THREE (3) APPROPRIATELY
LICENSED PROFESSIONALS FROM THE CITY'S STAFF; AUTHORIZING
THE CITY MANAGER TO APPOINT A FOURTH CERTIFICATION
COMMITTEE MEMBER FROM THE PRIVATE SECTOR SUBSEQUENT TO
RECEIPT OF THE PROPOSALS, AND APPOINTING JERRY D. GEREAUX,
DIRECTOR, HOUSING CONSERVATION AND DEVELOPMENT AGENCY AS
CHAIRMAN OF THE COMPETITIVE SELECTION COMMITTEE, ALL IN
ACCORDANCE WITH FLORIDA STATUTES SECTION 287.055, AND CITY
OF MIAMI ORDINANCE NO. 9752, ADOPTED FEBRUARY 10, 1983,
WHICH ORDINANCE ESTABLISHED PROCEDURES FOR CONTRACTING FOR
SUCH PROFESSIONAL SERVICES AND ALSO ESTABLISHED
NEGOTIATION REQUIREMENTS WITH REGARD TO THE FURNISHING OF
SUCH SERVICES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre*
NOTE: *Although absent at roll call, Commissioner De Yurre later asked of the
Clerk to be shown as voting with the motion.
-------------------------------------------------------
NOTE FOR THE RECORD: At this point Commissioner Dawkins
recognized the presence of Dr. Miriam Alonso in the Commission
Chambers.
31. AWARD BID CONCERNING SALE OF BONDS: $3,900,000 Highway, $1,500,000
police, $5,000,000 storm sewer, $5,000,000 sanitary sewer, $3,000,000
fire (See label 4)
Mr. Odio: Mr. Mayor, we need to take 75.
Mayor Suarez: Item 75 is a bond issue.
Mr. Odio: What we got is 7.2138 is one of the lowest, if not the lowest that
we have.
Mr. Plummer: I move it.
80 November 3, 1988
Mr. Dawkins: Seventy-five? Hold on.
Mrs. Kennedy: Just a second, let roe see what it's about.
Mr. Odio: It's the awarding of the bond sale.
Mr. Dawkins: Now who are the minority bond issues = people provided in this
with these people?
Mr. Odio: Carlos.
Mrs. Kennedy: Isn't this a companion to 68?
Mayor Suarez: This doesn't have to be taken up in the morning. Why did you
get the impression - I mean, I'm happy to take it up, but this doesn't have to
be taken up in the morning. Just because it's scheduled for....
Mr. Carlos Garcia: Eleven -forty-five, it's scheduled for 11:45 in the
morning.
Mayor Suarez: Or anytime thereafter.
Mr. Garcia: Yes, but we need to award the bond sale before the lunch break,
Commissioner, we need to - Mr. Mayor.
Mr. Dawkins: Why?
Mr. Garcia: We need to tell...
Mayor Suarez: Before the lunch break? Do you think the interest rates are
going to fluctuate between now and the end of lunch?
Mr. Garcia: No, we need to make that bid firm so they can go back to their
team and tell the fact that the sale has taken place.
Mayor Suarez: Don't make it sound like it's a procedural requirement. If you
want something done as quickly as possible, we're happy to accommodate staff,
it's a very important thing and we'll be happy to move on it. OK,
Commissioners, any questions on it? Moved and seconded. Any discussion?
Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1043
A RESOLUTION OF THE CITY OF MIAMI, FLORIDA,
IMPLEMENTING AND SUPPLEMENTING ORDINANCE NO. 10487 OF
_ THE CITY, WHICH ORDINANCE AUTHORIZED THE SALE AND
ISSUANCE OF THE CITY OF MIAMI $3,900,000 STREET AND
HIGHWAY IMPROVEMENT BONDS, $1,500,000 POLICE
HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS,
$5,000,000 STORM SEWER IMPROVEMENT BONDS, $5,000,000
_ SANITARY SEWER SYSTEM BONDS AND $3,000,000 FIRE
FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS;
AWARDING THE SALE THEREOF BASED ON BIDS SUBMITTED AT
PUBLIC SALE, AND APPROVING THE TERMS OF SUCH SALE;
ESTABLISHING THE INTEREST RATES FOR SUCH BONDS; MAKING
CERTAIN FINDINGS, REPRESENTATIONS AND COVENANTS WITH
RESPECT THERETO; PROVIDING AN EFFECTIVE DATE FOR THIS
RESOLUTION; AND PROVIDING CERTAIN OTHER DETAILS WITH
RESPECT THERETO.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
81 November 3, 1988
r
10
ATER: Goftniss over Victor be Yurre
Commissioner Miller .l. Dawkins
Commissioner 3. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
----------------------------------------- ---------- ---------------------
32. Emergency Ordinance: Street Vendors - declare 45-day moratorium on
enforcement of insurance requirements. (See label 2).
------------------------------------------------------------------------------
Mr. De Yurre: Mr. Mayor, we have to formalize this emergency ordinance...
Mayor Suarez: Yes.
Mr. De Yurre: ... on the granting of the 45-day moratorium.
Mayor Suarez: We have to vote as a ordinance too, as an emergency ordinance,
otherwise it won't take effect, right.
Mr. De Yurre: And so I move this.
Mayor Suarez: On the 45-day moratorium for the vendors.
Mr. De Yurre: The vendors.
Mrs. Dawkins: Second.
Mayor Suarez: Moved and seconded.
Mr. Plummer: Here again, just for clarification.
Mr. De Yurre: Do you want to read it, George, or do you want me to read it?
I'll have to... OK.
Mr. Plummer: It's only in reference to the insurance.
Mayor Suarez: That's right.
Mr. De Yurre: That's right. (At this point, Commissioner De Yurre reads the
ordinance by title only into the public record.)
Mayor Suarez: Call the roll.
Mr. De Yurre: You know, I could take over as City Attorney.
Mr. Erny Fannatto: Mayor, is it possible to speak on this here? That's the
reason I come here on these vendors.
Mr. Odio: You're late.
Mr. Fannatto: No, I wasn't, I didn't...
Mr. De Yurre: No, this got voted on at 9:00 o'clock this morning.
Mr. Fannatto: You're just bringing it up now.
Mr. De Yurre: No, this happened at 9:00 o'clock this morning.
Mayor Suarez: We're taking a 45-day moratorium on an ordinance previously
passed. When we get ready to act on this aspect, we'll be happy to hear Mr.
Fannatto.
Mr. Fannatto: Well, I wasn't going to speak on that. I was just going to
speak on one thing. Let's declare a moratorium on the amount of vendors that
we have in the future...
82 November 3, 1988
t
Mayor Suarez: That's partly...
Mr. Pannatto: ... and let it be status quo. That's all I want to bay.
Mayor Suarez: That's partly what we've done, that's partly what we've doge:
Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE DECLARING A 45 DAY MORATORIUM
ON THE ENFORCEMENT OF THE INSURANCE REQUIREMENTS
CONTAINED IN ORDINANCE NO. 10499, ADOPTED OCTOBER 27,
1988; MORE PARTICULARLY, THE PROVISION OF SECTION 39-
12.1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Dawkins, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
Whereupon the Commission on motion of Commissioner De Yurre and seconded
by Commissioner Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10512.
Commissioner De Yurre read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Why is this an emergency?
Mayor Suarez: Because we passed an ordinance before that we have to amend.
Otherwise, the other ordinance will take effect without the amendment, there
won't be a moratorium.
Mr. Plummer: You mean, I could invoke the rule? But I won't, I'll just vote
no.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: That's right, I was not aware the matter was not on the agenda.
I appreciate your not invoking the rule on that.
83 November 3, 1988
33. ADDITIONAL MICROCOMPUTERS AND EQUIPMENT FROM UNISYS CORPORATION
.....-------------- --------- -------------------------- -------- -=---------
Mayor Suarez: Item 52.
Mr. Odio: This is authorizing the purchase of...
Mr. Plummer: Move it.
Mayor Suarez: 52 has been moved. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1044
A RESOLUTION AUTHORIZING THE PURCHASE OF ADDITIONAL
MICROCOMPUTERS AND PERIPHERAL EQUIPMENT FROM UNISYS
CORPORATION, UNDER AN EXISTING DADE COUNTY BID AWARD
CONTRACT NO. 1059-7/88 FOR THE DEPARTMENT OF LAW FOR
ENHANCEMENT OF THE ADMINISTRATIVE CAPACITY OF THE LAW
DEPARTMENT'S POLICE LEGAL UNIT, AT A TOTAL PROPOSED
COST OF $11,433.70; ALLOCATING FUNDS THEREFOR FROM THE
LAW DEPARTMENT'S BUDGETED FUNDS; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THE EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
34. ACCEPT GRANT FROM KNIGHT FOUNDATION FOR CONSTRUCTION OF TOWER OF LIGHT
IN BAYFRONT PARK
Mayor Suarez: Item 53, accepting James L. Knight grant.
Mr. Odio: For 4678,000.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Do you wish to speak in opposition to this?
Mr. Peter Kramer: My name is Pete Kramer. I am with the law...
Mayor Suarez: Against, against?
84 November 3, 1988
Mr. Kra br: No, for.
Mayor Suarez: Well, we have a thing around here, you know, when Big Moe is on
your side, you don't want to blow it. Any Commissioners want to say anything
on this item? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-1045
A RESOLUTION ACCEPTING A GRANT FROM THE JAMES L.
KNIGHT FOUNDATION ("KNIGHT FOUNDATION") IN AN AMOUNT
OF NOT MORE THAN $678,171 FOR THE EXCLUSIVE PURPOSE OF
FUNDING A PORTION OF THE EXPENSES ASSOCIATED WITH THE
CONSTRUCTION OF THE TOWER OF LIGHT ("TOWER") LOCATED
IN BAYFRONT PARK AND THE PURCHASE OF EQUIPMENT,
INSTALLATION AND PROGRAMMING FOR A COMPUTER CONTROLLED
LASER PROJECTION SYSTEM WHICH IS PLANNED FOR THE TOWER
AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY AND THE KNIGHT FOUNDATION
IN SUBSTANTIALLY THE FORM ATTACHED SETTING FORTH THE
TERMS AND CONDITIONS OF SAID GRANT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: I want to correct the record on that quote. When you have
momentum on your side, you don't want to do anything that might detract from
it.
Mr. Plummer: Yes, Big Moe could be Maurice.
Mayor Suarez: When he is on your side, you've got to be careful.
35. LASER PROJECTION SYSTEM FOR BAYFRONT PARK authorize manager to enter
into agreement with Science Faction Corporation for equipment,
installation and programming computer controlling same.
Mayor Suarez: Item 54.
Mr. Plummer: Move it.
Mr. De Yurre: Second.
Mrs. Kennedy: I second.
Mayor Suarez: Moved and seconded, any discussion? Call the roll on item 54.
85 November 3, 1988
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1046
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH SCIENCE FACTION CORPORATION FOR THE PURCHASE OF
EQUIPMENT, INSTALLATION AND PROGRAMMING FOR A COMPUTER
CONTROLLED LASER PROJECTION SYSTEM FOR BAYFRONT PARK
AT A TOTAL COST NOT TO EXCEED $318,200 WITH FUNDS FOR
THE ACQUISITION BEING PROVIDED BY THE JAMES L. KNIGHT
FOUNDATION CONTRIBUTION IN SAID AMOUNT THAT IS BEING
APPROPRIATED TO CAPITAL IMPROVEMENT PROJECT NUMBER
331230, BAYFRONT PARK REDEVELOPMENT - LIGHT TOWER.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.) -
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
36. ORANGE BOWL TV/AUDIO SYSTEM: approve rejection of protest received from
Ace Music Center; award to Professional Sound and Light Services.
Mayor Suarez: Item 55.
Mr. Dawkins: Move it.
Mrs. Kennedy: Second.
Mr. Plummer: Move it, second.
Mayor Suarez: OK, rejection of the protest, moved and seconded. Any
discussion, call the roll.
Mr. Miles Cypen: Mr. Mayor.
Mayor Suarez: Yes, I'm sorry.
Mr. Cypen: Yes, I'd like to speak in opposition to item number 55.
Mayor Suarez: OK, give us your name and address, if you are an attorney, or
being paid for your appearance, make sure you have registered with the City.
Mr. Cypen: I have registered. My name is Miles Cypen, I am with the law firm
of Cypen and Cypen, 825 41st Street, Miami Beach. I am here speaking on behalf
of Ace Music Center. With me today is also Mr. Fred Rubin, who is the
president of Ace Music. Let me just...
Mayor Suarez: Cypen and Cypen, is that Marsha Cypen?
Mr. Cypen: That's my cousin. This particular resolution is the last stage of
the City's procedure for resolving bid protests. Ace Music Center was the
second lowest bidder for this project, the project being the installation of
the sound and TV system for the Orange Bowl press box. The files of the City,
which I have gone through prior to appearing here today would seem to me to
indicate that the contract awarded to Professional Sound System, the
86 November 3, 1988
s,�
0
successful bidder and the lowest bidder, was based upon a non -responsive bid.
What I am asking the City to do today is not to rubber stamp approve the
resolution and the findings of the chief procurement officer without further
investigation by the City, either to the Legal Department or otherwise, to
avoid potential litigation with the City. I have what were the specifications
for this particular job, and not withstanding the expedited procedures that
were implemented to get this bid, so that the job could be completed before
the first football game in September. The one thing that was not waived in
which the City was still obligated to do was the award this bid not simply to
the lowest bidder, but to the lowest responsive bid. And in this particular
case, not withstanding the specifications, the bid was made based upon
substitutions, the bid was accepted was based upon substituted products, even
in cases where the specifications said no exceptions. Mr. Julio Fernandez,
who is the superintendent of the Communications Division, to his credit, had
sent a memorandum to the appropriate department saying, we'll give this bid to
Professional Sound Systems, the lowest bidder, but we want no exceptions.
Now, somewhere along the line somebody came along and they approved a number
of substitutions. Now, the City really had no right to do it, and the bottom
line of this whole procedure is that low and behold on September 3rd, the
first football game, the system entirely malfunctioned. There is memoranda in
the City's files pointing to the gross mis-installation of this system. I am
not sure at this point whether the system is even functioning as of today, but
there are some serious problems. This is not an item which I think that the
Commission ought to overlook and simply rubber stamp and I am talking about
even before the bidding process, there are notes in the Parks and Recreation
Department file pointing to communications with the lowest bidder, even prior
to the bidding process stating Ace Music Center should not get this bid.
There is also indication in the files that this installation proceeded without
any proper shop drawings, probably resulting in what we have here, with the
malfunctioning of the system. I don't know what the City intends to do
insofar as referring to the Legal Department, but I think we have a problem
and I think it is something that the Commission ought to look into without
simply just voting on it to approve it.
Mr. Plummer: Is the City Attorney comfortable with this recommendation?
Mr. Fernandez: Yes, we are.
Mr. Plummer: I move it, Mr. Mayor.
Mayor Suarez: So moved and seconded. Let me ask a question.
Mr. Plummer: He's the one who has got to defend it.
Mayor Suarez: If I understand this correctly, the lowest bid was for how
much?
Mr. Ron Williams: $45,000.
Mayor Suarez: And that is... how is that related to what is at the Orange
Bowl right now?
Mr. Williams: That is the system that is in service and operating correctly
Mr. Mayor, at the Orange Bowl right now.
Mr. Plummer: How much was the next bid?
Mr. Williams: The next bid was $76,928 of 31.
Mayor Suarez: Well, why are we voting on accepting the...
Mr. Plummer: The appeal.
Mayor Suarez: Are we only voting on their appeal, but we have already
implemented this?
Mr. Williams: Yes, we have Mr. Mayor. The second low bidder...
Mayor Suarez: Before we heard the appeal? How come they take too long to
inform us that they were appealing their rejection?
87 November 3, 1988
Mr. Dawkins: They appealed to the Administration and the Administration
turned down their appeal and went ahead with it and then he decided that the
last resort was for us, Mr. Mayor.
Mayor Suarez: Then in the meantime, it wouldn't have been wise to wait to
implement the system?
Mr. Plummer: We couldn't do that.
Mr. Williams: The Orange Bowl was without a system, Mr. Mayor, to start the
season.
Mayor Suarez: OK, now let me ask you about these malfunctions. You've got a
system here that comes in at $45,000, the next lowest is $76,928, and after
that, $86,000. Had we had some malfunctions or not?
Mr. Odio: No, sir. We had some adjustment problems that were adjusted during
the game. I was at that game and the system is working very well.
Mayor Suarez: It's like the chilled water air conditioning system at the
arena?
Mr. Odio: No, I don't know what that was.
Mr. Williams: That's the County's mistake, Mr. Mayor.
Mr. Odio: That's the County.
Mr. Williams: This system is functioning.
Mr. Plummer: No, that is not the County!
Mayor Suarez: Naw, get out of here! - County's mistake.
Mr. Plummer: That is not the County.
Mayor Suarez: The County convinced us to do it maybe, so we could use their
chilled water, but we did it.
Mr. Williams: That's why we don't have it at our facility at this point.
Mayor Suarez: You are convinced that the system is working properly?
Mr. Williams: I most certainly am, Mr. Mayor. Not only am I convinced on my
own inspection, I am convinced by word of the users, that is operators at the
Orange Bowl, and my technical staff that use and operate and maintain the
system.
Mayor Suarez: And that it was responsive to the specs in all respects.
Mr. Williams: In some cases we thought it was superior.
Mayor Suarez: OK, we're going to have to accept the City's recommendation
that we...
Mr. Cypen: You know, with all due respects...
Mayor Suarez: We note your protest.
Mr. Cypen: That's right, my protest for the record. I have the memorandum,
you were concerned about what some of the problems were.
Mayor Suarez: Please. I mean I will take note of it and put it into the
record if you want to paraphrase it quickly.
Mr. Cypen: Well, it is too long to paraphrase, but CC TV system completely
inoperative, connectors on main feed crimped improperly with pliers, TV sets
defective, some TV sets not connected, some connectors nonexistent, excessive
noise, tinny response, crown amplifier heavily distorted after one hour. I
could go on, there were at least 17 different things that were wrong, pointing
to something that happened here that was not exactly right, and granted that
these people came in with the low bid, this is supposed to be competitive
88 November 3, 1988
�� --
XXF'yr•�L iM�! tl h' hk � 5$l d` '•5F'7yY�1 �l�1!!!l��1! I!I w
bidding and they are not supposed to come in and undercut the other bidder
with other substitutions, when the specifications call otherwise.
Mayor Suarez: OK, what about the substitutions? One last statement, Ron.
Mr. Williams: Mr. Mayor, there were substitutions made. Obviously we have to
depend upon our professional staff to make a recommendation that is in the
best interest of the City. We accepted a bid that was $31,000 less than the
second low bidder.
Mayor Suarez: Let me do this. Do the specifications usually have wording
that says equivalent on everything?
Mr. Williams: Well, yes, in this case, Mr. Mayor, and I didn't think
Guillermo wanted to get into it, Ace Music Company wrote the specifications
and obviously that is their concern about any deviation.
Mayor Suarez: OK, but I mean, we have wording in the specs that says if you
come up with an equivalent component or system, that's acceptable?
Mr. Williams: Yes, not only that, we have the right to make a decision as to
what is in the best interest of City.
Mayor Suarez: Oh, I know that, but I just want to make sure that the bidders
know that in advance.
Mr. Cypen: Well, let me just respond to that briefly. In one particular
instance, a very important one, the amplifiers, the specification said, no
exceptions. That's number one. Number two, even in the areas where
substitutions were permitted, they would only have been permitted with the
submission of a report from an independent laboratory, verifying that the
substituted equipment was as good or better than what was specified. I have
gone through the City files. I saw no such report. As a matter of fact, I
saw the memorandum from Mr. Fernandez who is sitting right there who said,
give it to Professional Sound because they are the low bidder, but no
substitutions. It went through the chain of command, it went through the
Parks Department, it went through Mr. Williams, I don't know what he looked
at, but he overruled Mr. Fernandez' recommendation. Now, we have a system in
the Orange Bowl, which who knows what's there and it certainly wasn't in...
Mayor Suarez: It sounds like we are getting ready for a lawsuit and I guess
we can only rely on our technical staff. I don't see anything else we can do.
Mr. Cypen: I went to through the City. I have the memoranda, I have the
memorandum from Mr. Fernandez.
Mayor Suarez: All of your comments and all of your technical documentation is
in the record. Thank you. We have a motion and a second. Any further _
discussion from the Commission?
Mr. De Yurre: Question, Mr. Mayor.
Mayor Suarez: Commissioner De Yurre.
Mr. De Yurre: Yes, Mr. Fernandez...
Mr. Fernandez: Yes.
Mr. De Yurre: ...have you had a chance to meet with this gentleman on this
issue?
Mr. Fernandez: Yes, we have. Someone from my office has considered his
position.
Mr. De Yurre: So you are aware of his statements and his position?
Mr. Fernandez: Yes, my office is.
Mr. De Yurre: OK, I just wanted to make sure that the City Attorney's office
is aware of his contention and...
Mayor Suarez: And you still recommend the resolution as drafted.
89 November 3, 1988
0
0
Mr. Fernandez: Yes, we certainly do.
Mayor Suarez: Rejecting the protest.
Mr. Fernandez: Yes.
Mayor Suarez: Call the roll on the !notion.
The following resolution was introduced by Commissioner Plummer, Who
moved its adoption:
RESOLUTION NO. 88-1047
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
REJECTION OF A PROTEST RECEIVED FROM ACE MUSIC CENTER
IN CONNECTION WITH THE ORANGE BOWL TV/AUDIO SYSTEM
AWARDED TO PROFESSIONAL SOUND & LIGHT SERVICES FOR THE
DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:05 P.M. AND RECONVENED AT 2:05 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT.
37. DISCUSSION AND TEMPORARY DEFERRAL OF ORANGE BOWL MODERNIZATION PROJECT
(See label 39)
Mayor Suarez: Item 56.
Mr. Odio: Mr. Mayor, on that item, I'd like to make a statement. I am
informing you and the Commission that my brother-in-law, Nelson Mayo is the
president and the principal owner of Urban Architects Incorporated.
Mr. Dawkins: How much stock do you have?
Mr. Plummer: Mr. Manager...
Mr. Odio: I wish! Zero.
Mr. Plummer: ... you brother-in-law has got enough problems being your
brother-in-law.
Mr. Odio: Well, he is married to my sister, you don't know my sister.
Mr. Plummer: I'll tell you something, and I'll say it for the record. In my
estimation, your brother-in-law, nor no other member of your family should be
penalized because they are related to you. If you had a financial interest,
or in any way would gain by that vote, then I would say that you would do the
appropriate thing and so announce that you had a conflict, but let me tell you
something, that in my estimation I admire you for putting it on the record,
you are truthful and above board, but that should not have any persuasion with =
this Commission because he is related to you, in no way, shape, or form.
90 November 3, 1988
Mrs. Kennedy: I was going to say the same thing and let me just add that the
City Attorney has ruled that there is no conflict of interest.
Mr. Plummer: I didn't say that, I just said...
Mrs. Kennedy: Well, I am not going to say what you said, so I just wanted to
add that. (LAUGHTER)
Mr. Plummer: Let's don't go too far.
Mr. Dawkins: Well, I can sympathize with him, but I too have found nothing
wrong with it. At one time, when the Rouse Company gave my son a subcontract
to do the windows, The Miami Herald swore that it was Miller Dawkins and not
Myron Dawkins, and I didn't have anything to do with it and it was a
competitive bid and he did it on his own. I too felt like Cesar, that he
should not have bid, but neither should he penalize himself to try to earn a
living because he happened to be my son.
Mr. Plummer: Why does anybody want to do business with me for my vote?
Mr. Dawkins: Oh, no! We're trying to let you give yourself some professional
service.
Mayor Suarez: Doctor, heal thyself! Mr. Manager, what is the recommendation,
and based on what criteria? How does the valuation work? Sometimes these
seem...
Mr. Odio: I'd rather let staff handle that.
Mayor Suarez: Yes, whoever is going to...
Mr. Dawkins: You don't have to leave, you can't vote.
Mr. Carlos Smith: Mr. Mayor, basically the Selection Committee met to
evaluate the proposals and each of them independently evaluated the proposal
and based on previous professional experience, size and capability of the
team, minority female participation.
Mayor Suarez: How was each of those criteria weighted? How do you determine
how much weight to give to each of those criteria?
Mr. Smith: I really don't have that information in front of me. I am sorry
that I don't have information, but Diane Johnson, who was really the one that
attended all the meetings and was sort of spearheading the effort is not back
at this time.
Mr. De Yurre: I'd like to hear her. Yes, I think we should have that
information.
Mr. Smith: If we can table it until she comes back.
Mr. Plummer: I'm sorry, what was the question?
Mayor Suarez: We are trying to determine how the criteria weighted one
against the other and he says that someone else has that information. Who has
that information, Carlos?
Mr. Smith: Diane Johnson.
Mayor Suarez: Table the item for a few minutes. Is she going to be here?
Mr. Smith: She will be back, yes.
Mr. Dawkins: Who has it?
Mr. Smith: Diane Johnson.
Mr. Dawkins: Diane Johnson?
Mr. Smith: Yes, sir.
91 November 3, 1988
Mayor Suarez: Parka and Recreation employee?
Mr. Smith: Yes.
(THEREUPON THE ITEM WAS MOMENTARILY TABLED)
------------------------------------------------------------------------------
38. AFRICAN SQUARE PARK RENOVATION: approve planning and design services
Mayor Suarez: Item 57, African Square Park renovation project.
Mr. Plummer: Move it.
Mayor Suarez: Moved, thank you. Do we have a second on 57?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion on 57? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1048
A RESOLUTION APPROVING A QUALIFIED AND INTERESTED FIRM
TO PROVIDE PROFESSIONAL PLANNING AND DESIGN SERVICES
FOR THE AFRICAN SQUARE PARK RENOVATION PROJECT;
AUTHORIZING THE CITY MANAGER TO UNDERTAKE NEGOTIATIONS
WITH SAID FIRM TO ARRIVE AT A CONTRACT WHICH IS FAIR,
COMPETITIVE AND REASONABLE, AND DIRECTING THE CITY
MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE
CITY COMMISSION FOR ITS RATIFICATION AND APPROVAL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: I'm going to vote yes, but Mr. Ruder, and this goes also to the
committee, our Parks Improvement Committee, the Capital Projects Committee -
this is one of the capital projects in that budget, right? I think I speak
for the rest of the Commission. If I don't, I hope that I am corrected at
this point, when I tell you that we were hoping that the money would not be
spent very much in planning and design, but in building and fixing and
improving those parks. I don't know what it is about African Square Park that
would require, and I don't know what the money figure is on this, or if indeed
there is a money...
Ms. Diane Johnson: Well, the total amount allocated for the redevelopment of
the entire project I think is $400,000.
Mayor Suarez: How much for planning and design?
Ms. Johnson: It would be less than 10 percent.
Mayor Suarez: OK, because I, you know, sometimes the improvements that are
needed are so obvious, they sort of meet the eye and you can go ahead and find
92 November 3, 1988
- J
•
a contractor to fix and improve and whatever it may be, and I hope we don't
spend too much money on planning and design. OK.
Ms. Johnson: Yes, sir.
COMMENTS MADE AFTER ROLL CALL:
Mr. Dawkins: The Mayor is speaking for me too, because like I hope that when
you come in here again, and we got parks improvement, I don't need no outside
person to tell me what the hell to do and have you... now, if we got people in
the Parks Department that can't tell me what's supposed to be done in a park,
and you got to go hire a professional to tell you to plant some trees and put
a playground over here, then we don't need the Parks Department, just hire
some consultant and lay you people off.
Mayor Suarez: Even to expand. Suppose like at Clemente Park, we have a
baseball field, I know it is not big enough. I hope you don't hire a planner
or a designer to tell you what the appropriate size for a baseball diamond is,
you know.
Ms. Johnson: We don't intend to.
Mayor Suarez: OK, and look in the manuals or whatever, and just go ahead and
do it yourselves.
Ms. Johnson: Yes, sir.
Mayor Suarez: Thank you.
------------------------------------------------------------------------------
39. ORANGE BOWL MODERNIZATION PROJECT: approve most qualified firms for
planning and design services; appoint Herb Bailey and Jack Mulvena to
negotiate this project (See label 37)
------------------------------------------------------------------------------
Mayor Suarez: Item 56. Diane, go ahead.
Mr. Dawkins: Before we get further on 56, I need one thing for me. Wait a
_ minute. Bear with me for a minute. Will Maurice Gray stand up? Maurice. Is
that the only one you all got and he ain't here? OK, no problem, I just
wanted to see him.
Mayor Suarez: Is Mr. Gray, Black?
Mr. Dawkins: He got to be Black, they got him on every group.
Mayor Suarez: Diane, go ahead, before this gets any worse.
Ms. Diane Johnson: OK, item 56 is the presentation to the Commission of the
most qualified firms for the design and planning services required for the
Orange Bowl Modernization Project Phase II. The top ranked firm, or team,
consists of Urban Architects, which is a local Hispanic firm, using as
subconsultants, Heery Architects and Engineers, Maurice Gray and Associates,
Laura Llerena and Associates, Construction Management Services, and Emilio J.
Hospital and Associates.
Mayor Suarez: What is their rating if you have a quantifiable rating?
Ms. Johnson: They are in final...
Mayor Suarez: Their overall rating, their overall rating, if you have a
number.
Ms. Johnson: Their overall... they were ranked number one.
Mayor Suarez: But do you have a number that goes with that, like a total
number of weighted points, or something?
93 November 3, 1988
61, 0
Ms. Johnson: flight, they received a total of 14 points in the final analysis,
the lowest number being the top ranked firm. The next ranked team received a
total of 19, which would put them...
Mayor Suarez: And which firm was that?
Ms. Johnson: The prime consultant for team number two was Harper Carreno,
Incorporated, with the subconsultants, Iffland, Kavanagh and Waterbury.
Mr. Plummer: Wait a minute. You are saying this is number two got 19 points.
Ms. Johnson: That's correct.
Mr. Plummer: But this was a negative?
Mayor Suarez: The higher rating is lower points, like they would be ranked
one or two, or whatever, as opposed to...
Ms. Johnson: It is based on the number of first, second and third ranked.
Mr. Dawkins: Now, I hate to keep being negative, but I keep asking you people
over and over, have one system. This time, high is low. The next time you
come around, low is high. You know, I never know where you are coming from.
Now, this time, the team that got the most points is rated the lowest. Then
you are going to come in next time with a guy rated one, two, three and four
and the guy with the low points is high. Will you all get one uniform system
of rating people?
Ms. Johnson: I'll do my darnest. I was following what the Department of
Development normally does.
Mr. Dawkins: Well, OK, hold it then, I'll break this up. Mr. Manager, may I
speak with you please, sir? Since you work for us and they work for you, put
out a memo, please sir, informing all your employees who sit on nominating
committees that they must have a uniform system, either high is high, or high
is low, but don't come in with one bid one way and another one another way.
Would you do that please, sir?
Mr. Odio: Yes, sir.
Mr. Dawkins: Thank you. Go right ahead, Ma'am.
Ms. Johnson: OK, the firms were essentially graded in the following areas: —
professional experience, the capability of the teams to perform the work,
minority and female participation, demonstration of creativity and skills and
the organization of assigned staff to the project. On this basis, we are
recommending as the top ranked team, the one I had already indicated to you,
Urban Architects and other subconsultants. The second ranked team would be
Harper Carreno with Iffland, Kavanagh and Waterbury. The third team would be
Bellon Perez and Perez with Ellerbe Becket, Bliss and Nitray, SDM Consulting
Engineers, Maurice Gray and Associates, and again Laura Llerena and
Associates. What we are asking you here to do today is merely approve this
ranking, and authorize the Manager to negotiate a contract, first with the top
ranked team. If that is unsuccessful, then to negotiate with the second
ranked, or the third ranked, you know, and so forth, and then return to you
with a contract for further approval.
Mrs. Kennedy: I've a question. I'm looking at the backup material and I see
something that kind of bothers me. Maurice Gray and Laura Llerena are both
subconsultants on the number one and the number three team.
Ms. Johnson: OK, their is no prohibition against subconsultant firms serving
on more than one team. However, the prime consultant can only submit one
proposal.
Mr. Dawkins: Vice Mayor Kennedy, both teams decided that they had to have
black and female participation and Mr. Maurice Gray and Ms. Laura Llerena was
smart enough to know if they got with both teams, they had to get a job out of
one of them, so...
Mr. Plummer: Well, I guess the question is, is that fair?
94 November 3, 1988
i --
61 0
Mr. Dawkins: Is that fair? Well, what's unfair about it?
Mr. Plummer: Well, the question is, it could be locking themselves in.
Mrs. Kennedy: Right, Commissioner, that they...
Mr. Plummer: What would stop them under that theory, Commissioner, from
being the consultants on every one of the teams.
Mr. Dawkins: If every team felt that they wanted to appease me by having a
black minority and they have each one of them, that I could vote for either
one that the Manager bought, and me personally could vote for any one that the
Manager recommended. You see, the first thing is, I do not have that many
black qualified people in these areas, so therefore I cannot sit back and
allow that qualified black to only identify itself with one company. I have
to sit up here and demand that those individuals go and get that qualified
individual, or else, if team A is the only one with that qualified black and
team B gets the job, the black guy doesn't get in, but if he is with A, B, C,
D, E and F, and either one of them get it and he is qualified, I mean, he gets
the job.
Mrs. Kennedy: Right, I have no problems with having a black and the other
partner is a woman, I have no problems with that, I don't... there is a right,
thing, but whether it is professional or not was my question.
Mr. Dawkins: OK, professionalism is not the question, it is what's legal.
Mr. City Attorney, is it anything illegal about these individuals identifying
with any of these groups and coming in on the bid? Is it anything illegal
about that?
Mr. Fernandez: No.
Mr. Dawkins: Now, Commissioner Plummer...
Mr. Plummer: Sir.
Mr. Dawkins:... since you officiate sometimes at funerals, is it immoral?
Mr. Plummer: Definitely fattening.
Mr. Dawkins: I'm sorry, go ahead, Commissioner Kennedy.
Mrs. Kennedy: That's all right. I just stated my concerns.
Mr. Plummer: Let me ask a question. As you know, I have been a very strong
backer. Who of this Committee were of the outside and not City people?
Ms. Johnson: We not have any members from the outside.
Mr. Plummer: Why?
Ms. Johnson: When the committee was established by resolution, we had not...
it was established on the floor during the Commission meeting and we did not
have time to contact anyone to ask their participation.
Mayor Suarez: Now, the fact Diane, that some of these companies are getting
ratings like say, 66, I think that is the highest I see here, meaning the
lowest rated, and 13, does not imply that there is any kind of factor of
quality that, that 66 to 13 in any way. I mean, that was just sort of
accumulative ranking type rating, right? Is that the way I understand it?
Ms. Johnson: That is correct.
Mayor Suarez: It wouldn't imply that one was five times better than the
other, because it was sixty...
Ms. Johnson: No, not at all. There were individual categories within each
broad category, and all were assigned a point, so when you do total them up,
it does come to a cumulative...
Mayor Suarez: You could be a close second on all categories and end up with
two times, each of the categories, the other person or entity ending up with
95 November 3, 1988
3
a 0
one times each of the categories and it would look like a two to one factor.
Nov, as to the three that are recommended. Are those close, in your mind?
Ms. Johnson: Yes, they were very close. They all...
Mayor Suarez: Some are better in some criteria and some are better in others,
or...?
Ms. Johnson: Precisely.
Mayor Suarez: In the game theory terminology, does anyone dominate all the
others? - have better...
Ms. Johnson: Judging from the marks that the committee put together, the top
ranked team did receive five number one ranking from the committee. The
second ranked team received...
Mayor Suarez: Out of how many criteria?
Ms. Johnson: Well, this is overall, OK? Of the eight members of the
committee...
Mayor Suarez: Oh, I see.
Ms. Johnson: ... they got five number one rankings.
Mr. Plummer: I see 10 members on the committee.
Ms. Johnson: I'm sorry, well I am not counting... eight, when we actually
met, some did not show up, so we had eight members on the final selection
committee. OK, of those eight, five voted Urban Architects as number one.
Only two voted the second ranked team as number one. The third ranked team
did not receive any number one rankings, but received a number of two's and
three's, if that is clear to you.
Mayor Suarez: OK, now one other question and it will be certainly my last
one, I believe. There was an initial ranking or short listing down to four,
right?
Ms. Johnson: That is correct.
Mayor Suarez: Were you trying to...
Ms. Johnson: Down to five for presentations.
Mayor Suarez: OK, were you trying to attempt there just to weed out the ones
that were not really as good as the others? Or, were you trying to, at the
very point already to rank them in some way? And is it true that they would
like, the company that is now recommended as number one, was actually four in
the initial ranking?
Ms. Johnson: That is true, sir. Now, what happens in the Selection Committee
process, which was instituted in this situation, is the Selection Committee
meets and before they decide anything, the first thing they decide is how many
teams do we short list to bring back for presentation and interviews. So the
first thing we did is we decided that we would only invite five back for
presentation and interviews. We then went through...
Mr. Plummer: Based on what criteria?
Ms. Johnson: Based on very similar criteria, professional qualifications,
experience, background. I can give you that breakdown. It is very similar
criteria as to what I have reiterated before. We merely go into more detail
later on in the process, so we decided that we would be inviting back four or
five teams, four presentations and interviews. We went through each of the
proposal documents, the written documents and then graded each of those. The
top five teams from this procedure were those that were invited back for
interviews.
Mr. Plummer: So then, the other... well, there were nine total?
96 November 3, 1988
Ms. Johnson- Actually there Were ten total bids received. One was riot
certified, to it did not come for any further review, right:
Mr. Plummer: So what you are saying is that four of proposers did not even
have the opportunity to get heard.
Ms. Johnson: That is correct, and that was explained in the request for
proposal documents, that they would be a short listing process, and only a
certain number would be brought back.
Mr. Plummer: What emphasis, if any, was put on the fact that you know how touch
we got to spend, and you'll stay under that number?
Me. Johnson: Well, during the competitive selection process, we do look at
how many projects that they do bring in under budget. That is part of the
criteria we look at during the presentation phase. We ask them point blank,
and you know, in part of their presentation they indicate that they brought in
"X" many projects under budget.
Mr. Dawkins: Do we spell that out that they had to do that? I think that's
J.L.'s question.
Mr. Plummer: Oh yes.
Mr. Dawkins: OK, thank you.
Mr. Plummer: I don't know if they spelled it out or not, but it's definitely
my criteria.
Mr. Dawkins: I move to go with the recommendation of the Administration and
go with the one ranked number one.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Is it Mr. David Harper that wishes to be heard on
this item? I have a request.
Mr. Plummer: Are we going to have any kind of a presentation from those
three?
Mayor Suarez: Well, I know one that has requested, I presume is one of the
parties in question and any other one wants to be heard, of course.
Mr. De Yurre: I have a question.
Mayor Suarez: Commissioner De Yurre, before we get into it.
Mr. De Yurre: I'd like to know, take for example, the top three. Are all
these local firms?
Ms. Johnson: Yes, they are. The prime consultant for each of the top three
ranked firms is a local, and in fact, Hispanic firm.
Mr. Dawkins: OK, let's go a step further. All the primes are local.
Ms. Johnson: That is correct.
Mr. Dawkins: Of the subs that each prime have, how are many are local?
Ms. Johnson: All but one in each team.
Mr. Dawkins: In this team? Now which one...
Ms. Johnson: Well, Deerfield Beach, you can...
Mr. Dawkins: Now which one in this team is not local?
Ms. Johnson: That would be the firm of Heery Architects and Engineers.
Mr. Dawkins: OK, now, in... Harper, he is local.
i
97 November 3, 1988
i
i
No. Johnson: Harper is local.
Mr. Dawkins: And the rest of these?
Ms. Johnson: Iffland, Kavanagh, Waterbury is from New York.
Mr. Dawkins: So he only has one local. OK, and the other one then...
Ms. Johnson: On the third team, Ellerbe Becket Architects and Engineers are
from Tampa.
Mr. Dawkins: OK, and everybody else is local.
Ms. Johnson: Everybody else is local.
Mr. Dawkins: OK, thank you.
Mrs. Kennedy: So there is one in each team.
Ms. Johnson: One in each team.
Mr. De Yurre: Tell me, what does a land architect do with the structure that
we are going to be doing at the Orange Bowl?
Ms. Johnson: That is an abbreviation for landscape architect.
Mr. De Yurre: What kind of landscaping are we talking about, up on the third
level?
Ms. Johnson: Well, the original outline, or conceptual plan for the Orange
Bowl Renovation Project Phase II did encompass some construction of exterior,
or remote ticket booths and some restructuring of the roads through the
parking lots and what not. We did require a landscape architect, but their
services could indeed be used, particularly for that aspect of it, and perhaps
for any planting or what not, around the garden concession, that was
envisioned, and some other elements, maybe just some planting around the
exterior of the Orange Bowl. It was not required, but if those services are
needed, we would be able to avail ourselves of them.
Mr. Plummer: But are they using that for the purposes of compliance with the
minority?
Ms. Johnson: There was no set requirement in the fact that this would be a
set aside, but minority participation was strongly ranked within the
evaluation criteria.
Mr. Plummer: I understand that, but let me go back here.
Mr. De Yurre: You know, we always have set asides, you know, that's our
philosophy.
Mr. Plummer: On one of them here, where they have a landscape architect,
Laura Llerena and Associates, is that a minority?
Ms. Johnson: Yes, it is.
Mr. Plummer: I guess what I understand is that we don't need a landscape
architect. Was that person only brought in for the purposes of compliance of
the minority participation?
Ms. Johnson: I do not believe so. I can't speak for the consultants, but
there is substantial minority participation, both of blacks and Hispanics in
the teams other than Laura Llerena and Associates.
Mr. Plummer: Well, I guess we're really coming down more to the teams than we
are to the minority situation. For example, in the first team, you've got
recommended two different companies for food facility, and laundry. I don't
know why laundry, but OK, you've got Post and Grossbard Associates for food
facilities. Then you got Maurice Lafiteau for food facilities. Are these
people just being added to the team for minority participation? That's the
question I'm asking. In other words, are they going out here, and even though
98 November 3, 1988
these people are not needed on the project to make themselves look good in
minority participation, just bring in others who are minorities?
Ms. Johnson: I believe you are looking at a sheet that does not comprise the
teams that you are actually looking at today.
Mr. Plummer: Excuse me, I am reading from interoffice memo, letter designated
team A.
Ms. Johnson: Right, those...
Mr. Plummer: Craig Stark Associates and P.A.
Ms. Johnson: OK, that team was not considered. It is not one of the three
teams we are recommending today. Yes, a number of them did bring in various
different fields, as you say, food facility management and things of that
nature. We looked at the teams as a whole. That particular team that had
those kinds of subconsultants in the final analysis, did not make the grade.
Mr. Plummer: OK, just asking for the record.
Mr. Dawkins: When you come back with the contract, you will come back showing
me that whomever you have meets the minority part...
Ms. Johnson: Yes, sir.
Mr. Dawkins: ... that is that if Maurice Gray is down there, his part of the
total package is 17 percent. You don't come in here telling me that he is
there and they gave him five percent. No, no, when you bring it back, see,
you guys have already negotiated and I know you know this, and as they said,
Laura, whatever her name is, whatever the minority totally is, make sure that
they have this.
Ms. Adrienne Macbeth: Commissioner, it would be misleading for us to tell you
that each of those people would get 17 percent, because the structure of this
is going to be based on the various disciplines which require to do these
designs for the renovation of the Orange Bowl.
Mr. Dawkins: Then I'd have to go along with the Mayor and the rest of them
and tell you I'll go somewhere else and get something else.
Mr. Plummer: Yes, how do we know that this minority participation in fact, is
true and above board?
Ms. Macbeth: It is true and above board to the extent to which the various
professions are required for the redesign of the stadium, Commissioner. It
would be unfair to inject a...
Mr. Plummer: Well, OK, we have already told you, not you, we have already
said that we don't think and don't understand why a landscape architect is
involved. Now, even though that is part of the minority participation, if she
gets $100 just because they put her name on this piece of paper and she is not
used, I say that could be abuse of what we are trying to try to accomplish
here, and I think what Commissioner Dawkins is saying is what you'll break
down, what percentage of that contract actually goes to each one of these so-
called people involved, including all, not just minorities.
Ms. Macbeth: That will be done sir, but what I was saying was we would be
misleading you, and in fact lying if we were to say to you that each of those
disciplines would receive 17 percent of this contract. The required
professions in this contract are engineering and architectural services.
Those were the basic ones that were used in terms of evaluating the minority
participation. Any additional participation then was included.
Mr. Plummer: OK, you make a good criteria. Is Urban Architects here? Are
you the spokesman for that group, sir? Without your subcontracts sir, what
minority percentage makeup of...
Mr. Dawkins: No, here at the mike, sir.
Mr. Plummer: Without your subcontract, what minority participation does your
own group, just Urban Architects, have in the top level?
99 November 3, 1988
Mr. George Estevanes: My name is George Estevanes, I'm vice president with
Urban Architects and principal in charge of this project. Urban Architects is
100 percent Hispanic owned firm. Heery Architects and Engineers is in
Atlanta...
Mr. Plummer: No, no, not the subcontractors, I'm just talking... you are the
Urban Architect is 100 percent Hispanic owned?
Mr. Estevanes: Yes, sir.
Mr. Plummer: OK, there is no black participation?
Mr. Estevanes: There is no black participation.
Mr. Plummer: Is there any female participation?
Mr. Estevanes: No.
Mr. Plummer: OK, so that's the point I'm trying to make.
Mr. Estevanes: Well...
Mr. Plummer: Now, you can go out, you know, we've had this thing, and I'm
not... would you sit down so you don't take this personal. I've been around
here long enough to know what is called rent -a -citizen, OK? Now, that's the
only point I'm trying to make to you, that you go out and bring people in.
Mr. Estevanes: Commissioner, in structuring the team, and I think this would
apply to our team and to the rest of the teams that participated in this, we
analyzed the requirements of the job as best they are expressed by the
clients, in this case, it is the City. We then tried to structure a team of
professionals that can respond to the requirements of that job. Sometimes a
job is better defined than other times, and it is hard to know exactly, for
instance in this case, whether you needed a food consultant or not. We did
not feel that it was identified as a project requirement, so at this stage, we
have not brought a food consultant, but we do have a landscape architect, and
that conceivably could be a part of the renovation. We have a black owned
civil engineering firm and structural engineering firm, Maurice Gray, who is a
local black owned firm and Maurice is here, I think. He is 100 percent owned
by himself, so he owns 100 percent of his company. Laura Llerena is a
landscape architect firm in Miami and is present here.
Mr. Plummer: All right, you answered my questions.
Mr. Estevanes: Construction, we also identified a cost estimating requirement _
for this job. We're talking about meeting budget requirements. Keith Emery
of Construction Management Service, is a 100 percent black owned firm in
Broward County. Emilio Hospital is a mechanical electrical engineering firm, —
Hispanic owned, also an identifiable requirement of the job. We anticipate
electrical mechanical work, particularly electrical work involved in this job,
and United Architects is a woman owned firm that would be involved as part of
the project requirements on the architectural side, so we tried to structure a
team that responded to the project requirements, plus met the minority goals
both ways.
Mr. Plummer: I'm assuming that Carreno is 100 percent Hispanic, just the
f irm.
Ms. Johnson: I'd have to get the... it is Hispanic, I think it is 51 percent.
Mr. Plummer: And I would assume Bellen Perez and Perez is also a Hispanic
firm.
Ms. Macbeth: The first question, the response is 53 percent Hispanic.
Mr. Plummer: Which one?
Ms. Johnson: Harper Carreno.
Mr. Plummer: I'm talking about just the actual firm.
100 November 3, 1988
Ms. Macbeth: Yes, sir. -
Mr. Plummer: Is 53 percent Hispanic?
Ms. Macbeth: Yes, sir.
Mr. Plummer: And the rest?
Ms. Macbeth: Iffland Kavanagh...
Mr. Plummer: No, no, not the subcontractors, just the primary Firm.
Ms. Macbeth: Bellon Perez and Perez is 100 percent Hispanic owned.
Mr. Plummer: What is Carreno?
Ms. Macbeth: Carreno is 53 percent Hispanic owned, 47 percent white owned.
Mr. Plummer: White Anglo?
Ms. Macbeth: Yes, sir.
Mr. Plummer: OK.
Mr. Dawkins: OK, Ms. Macbeth what is the City of Miami's minority ordinance?
What does it say?
Ms. Macbeth: The ordinance establishes a goal of preparing 51 percent
annually with Hispanic, female and black owned firms, equally dividing that
goal, 17 percent, 17 percent, 17 percent.
Mr. Dawkins: All right now, with that in mind, any company would have had to
spread out 17 percent of the total job to a woman, a black and a Hispanic, is
that right?
Ms. Macbeth: No sir, the way we achieved that goal...
Mr. Dawkins: No, no, I don't want to know how you achieved it. I want to
know... no, no, no, I want to know what the ordinance says. What does the
ordinance say?
Ms. Macbeth: Well then the answer to your question is no. The ordinance says
we have an annual goal of procuring 51 percent with Hispanic, black and woman
owned companies.
Mr. Dawkins: All right now, I do not accept the fact that you go and get 17
percent worth of laborers and tell me that the job entails 17 percent of the
total for blacks, for minorities, I don't see that. See, I keep telling you
over and over I want the 17 percent to come down through the disciplines.
Mrs. Kennedy: There is no female either.
Mr. Dawkins: That's right and for the female I want... see, I don't intend
for you to go out there and get 17 percent females and have them walk around
picking up paper, and tell me that that's the 17 percent. That way I never
get them in top echelon. I continue to have these people come in and tell me
I've got my minority participation and they are still working around as
laborers and not as professionals. All right, hold it, what do you have to
say, sir? Let me hear from you sir, you got something to say, let me hear
from you.
Mr. Don Cather: I said I think that it should be brought out that this
particular contract is a design contract and a construction contract will
follow this design contract, at which time there will be much larger
opportunities to employ blacks and females because of the larger construction
force involved.
Mr. Dawkins: Then you mean to tell me that you could not have explained to
Urban Design that Mr. Maurice Gray should have 17 percent of your total
project? You couldn't explain that to him in plain English?
Ms. Macbeth: Commissioner, that is not the issue. The issue...
101 November 3, 1988
•
Mr. Dawkins: The issue? No, no, that is my issue. I don't know what you
guy's issue is. OK, my issue is that Mr. Gray does not have 17 percent of the
total contract. That's my concern.
Ms. Macbeth: We won't know that, sir, until in fact the contract is designed
with various requirements of professions are outlined.
Mr. Dawkins: OK, I defer this until they get their act together and come back
and tell me what they got.
Ms. Macbeth: Commissioner, by deferring this, if I might just...
Mr. Dawkins: No, no, Mr. Mayor, I move that this be continued until they can
get with me and satisfy me as to what they got.
Mayor Suarez: We have a substitute motion. Do we have a second for the
substitute motion?
Mr. De Yurre: Second.
Mr. Plummer: If you ask for it, yes.
Mr. Dawkins: See, I know you want to get this done, but then instead of
helping me and giving me an answer, you are going to put me off and do
everything.
Ms. Macbeth: Commissioner, I am trying to give you an answer, if you would
just give me a minute. We are looking at a design project here. What we have
presented to you is a design team that in fact includes the three elements
that are required by the ordinance. The ordinance is a goal ordinance. It
applies to an annual process. In this particular case I feel very confident, I
feel very secure and I think the Commission should do, that in fact we have
for once in the City's history a design team that includes all three minority
groups.
Mr. Dawkins: Unless they have 17 percent of the total design project for
woman, 17 percent of the total dollars for Mr. Gray, who happens to be the
black one in it, you are not meeting our goals.
Mayor Suarez: Are you saying that you are not sure at this point, because you
haven't tried to mathematically break it down, but you may be sure at a later
point?
Ms. Macbeth: Mr. Mayor, the definition of that particular breakdown is
related to the design requirements and I think the important point I'm trying
to make to Commissioner Dawkins is the ordinance itself is a goal ordinance.
Until we in fact make specific requirements as we did with the Federal Law
Enforcement Building, then you are really delaying the project and it your
question will not be any better answered, is what I am saying.
Mayor Suarez: So then if I for example were to ask you at this point on a
design phrase if you were able to give me an actual breakdown on how each
minority would share in this particular phase, you answer is you just don't
know at this point. Is that what you are saying?
Ms. Macbeth: Exactly.
Mayor Suarez: But you see enough of the threshold participation that you
think maybe in negotiations you'll be able to bring back to this Commission a
breakdown that satisfies our goals ordinance? In addition to the fact that
you are excited that it is one of the few times that we look like we are going
to meet the goals ordinance.
Ms. Macbeth: Mr. Mayor, once again, I will not promise you that this project
will equally divide up in that manner. It would be unfair of me to do that.
Mayor Suarez: OK, but you think it might? Certainly you recommendation as a
goal, it is you know, it is properly framed.
Ms. Macbeth: We know that we will meet and exceed the Hispanic goal. We will
probably come very close to meeting the black goal as it relates both to the
102 November 3, 1988
cost estimating and to the work of Maurice Gray who will be doing structurally
and in terms of civil engineering, but we cannot make that assurance, we've
made a...
Mr. Dawkins: You know, Mr. Mayor, I don't see how this Commission can sit
here, job after job after job, contract after contract after contract and -
minorities continue to get shafted and they continue to come in and tell me
that we can assure that next time we are going to do better. I mean, when are
you going to come here with it in hand? _
Mayor Suarez: I think that what she is saying and...
Mr. Dawkins: No, no, you see, Mr. Mayor, let her tell me what she is saying!
Mayor Suarez: Let me tell you how I view it.
Mr. Dawkins: OK, then you tell me how you interpret it and let her explain to
me so I can interpret what's she is saying.
Mayor Suarez: It sounds like what you want to do and I, I don't know if we
can do it at this point, but what you want to do is go to an almost a fixed
quota. In other words, the Commission will not approve any of these until we
are absolutely assured of the 17, 17, 17 percent fulfillment and as of now, we
have simply a goal and she happens to think in this particular project, we are
going to come as close as anytime ever to meeting on a goal basis. Now, and
the Commissioner is saying that somehow, time after time they come, they don't
really meet the goals and then we get the global picture at the end of the
year and we are nowhere near the goals as a global thing.
Ms. Macbeth: In which case, sir, it would be very appropriate and I would be
more than happy because that's my function with the City if the City
Commission were to say that the 17 percent, rather than being a goal, will be
an imposed requirement on every contract.
Mayor Suarez: I was hoping you wouldn't say that because I'm not ready to
move to a quota system, but you know, I want to see you try a goal system
which I think is really more fair, but anyhow it is a policy decision.
Mr. Dawkins: Say that again, Ms. Macbeth.
Ms. Macbeth: What I was saying Commissioner, was that the current ordinance
is a goal ordinance and I would be more than happy if the Commission were to
recommend that that goal be imposed as a requirement on every contract that we
bid.
Mr. Dawkins: Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Mr. Dawkins: Will you draw that up legally for me and have it ready as an
ordinance to present at the next meeting?
Mr. Fernandez: The meeting of November...
Mr. Dawkins: Yes. We don't have another one in November, do we?
Mr. Plummer: Yes.
Mr. Fernandez: Thursday, November 17th.
Mr. Dawkins: Yes, the 17th, first reading on the 17th, second reading at the
only meeting we are having in January.
Mr. Fernandez: In December.
Mr. Dawkins: See, I hear what she is saying, you know? I've got a bunch of
rhetoric here on paper that is unenforceable.
Mr. Fernandez: So let me...
Mr. Dawkins: So therefore, I need me something that has teeth in it that I
can enforce.
103 November 3, 1988
Mr. Fernandez: Do you want to go away from the annual goal to more specific
17 percent in every single contract in every single...
Mr. Dawkins: Yes, air, that's what I... now, it may not pass, but that's what
I want you to bring back before this Commission.
Mr. Fernandez: Yes, air.
Mrs. Kennedy: Oh, just one more question to Ms. Macbeth. You said that you
felt very sure that this will work out in terms of Hispanics and blacks and
for female also included?
Ms. Macbeth: We've got two female firms. We have one, we have an
architectural firm who will subcontracting for some of the drawing work, and
we also have a landscape architectural firm, which are not able to identify
what percentage of the work will be involved. Commissioner, I think the point
that I was trying to make is that in this particular process, we saw for the
first time that consultants were coming in voluntarily and bringing all three
groups and that's the point that I was trying to make.
Mayor Suarez: OK, we have actually a motion to defer as a substitute motion.
Mr. Dawkins: I withdraw the motion to defer.
Mayor Suarez: OK. Sir, did you want to address the main motion, which is to
grant to the Urban Architects, what's your first group's name?
Mr. De Yurre: Mr. Mayor, before we get to him, I have a couple of questions.
Mayor Suarez: Oh, I am sorry. Commissioner De Yurre.
Mr. De Yurre: I'd like to know, from these three groups, the makeup of each
as far as professions, you know, breakdown to the minorities.
Ms. Johnson: We have a breakdown sheet. Are you bringing that around to him?
Essentially, in the first group we have architecture, then we have a company
that is going to be providing sports facilities.
Mr. De Yurre: No, no, I am talking about the company, Urban Architects, Inc.
How many professionals they have, how many are women, how many are black, how
many are Hispanic.
Mr. Plummer: We just answered that already.
Ms. Johnson: Could I ask Estevanes...
Mr. De Yurre: No, I am talking about professionals, architects, draftsmen...
Mr. Plummer: Oh, not just owned, but the makeup, OK.
Mr. De Yurre: No, no, I want to get into... Yes, sir.
Mr. Estevanes: Urban Architects, you want a breakdown of the employees?
Mr. De Yurre: How many professionals do you have working for you?
Mr. Estevanes: My partner and myself are both Hispanic, we have one architect
who is an American native born...
Mr. De Yurre: How many employees, professionals do you have?
Mr. Estevanes: Ten employees.
Mr. De Yurre: How many?
Mr. Estevanes: Ten.
Mr. De Yurre: OK, out of those ten, how many are black?
Mr. Estevanes: We have no blacks.
104 November 3, 1988
1]
Mr. De Yurre: How many are women?
Mr. Estevanes: Two women, three women, I'm sorry, three women.
Mr. be Yurre: Three women, how many are Hispanic?
Mr. Estevanes: There's two Anglos and the rest are Hispanic.
Mr. De Yurre: And of the Hispanics, how many are women?
Mr. Estevanes: I think it is one and one.
Mr. De Yurre: OK, we've got...
Mr. Estevanes: I'm sorry, I included the women as a group, you can't count
them twice, so by Hispanic I meant male Hispanic.
Mr. De Yurre: OK. So you've got, overall Hispanics you have...
Mrs. Kennedy: You have five Hispanics.
Mr. De Yurre: Five Hispanics only?
Mr. Estevanes: Two Americans, two Anglos, or whatever the terminology is
nowadays, and three women.
Mr. De Yurre: Three women.
Mr. Plummer: You're most kind. Most others refer to me as "other."
Mr. De Yurre: OK, the second group.
Mr. Dawkins: May I chime in, Commissioner De Yurre? This is my point. Here
he is, he has no blacks, OK? He's gonna never have no blacks until he's
forced to take some in as equal partners. He's not going to pay them no 17
percent and let him sit on the outside as a token. He's pays them 17 percent,
he is going to have to earn it, and if he earns it, then he becomes a part of
the firm and other firms out there get to know the caliber of work that that
individual can do and that's how we break the circle.
Mr. De Yurre: OK, group number two, I'd like to have the breakdown.
Ms. Johnson: From the background I find in the proposal, they have one, two,
three...
Mr. De Yurre: Well, are they here?
Ms. Johnson: Yes, they are.
Mr. De Yurre: OK, if he can just come up and tell us.
Mr. Plummer: Well, can we just take and pick on one at a time?
�'. Mr. De Yurre: Well, I am through with him. I just wanted to know...
Mr. Plummer: No, but I want to ask a series of questions and if we can do it
at the same time, it would be maybe saving time.
Mr. De Yurre: OK.
Mr. Plummer: Sir, what experience has your firm had in redoing, not building
stadiums, but refurbishing stadiums and what is the largest job you've done
and what was the most recent? Your firm now, not the subs.
Mr. Estevanes: Yes, my firm, as you know, stadiums do not occur very often,
so my firm has not designed any stadiums. I don't think that any of the local
firms that participated has designed a major stadium, much less a renovation,
so the thing is to go and find a national consultant. There is only about
seven sports facility design consultants in the country, so you go out and you
find a consultant that has designed and has the experience and that has a
track record.
105 November 3, 1988
Mr. Plummer: All right, and how long has your firth been in business?
Mr. Estevanes: Since 1974, with offices that are located within the
boundaries of the City of Miami. We've been in business since 1974.
Mr. Plummer: God bless you. Now let me pursue my questions. What is the
largest project that you have done since 1974?
Mr. Estevanes: OK, we have been... you are familiar with the Centrust Tower?
Our firm has been...
Mr. Plummer: Yes, sir, I see it every night.
Mr. Estevanes: OK, you can't miss it. Our firm has been the architects
during the construction of the Centrust Tower. It was designed by I. M. Pei
shortly after Dade Savings was taken over by Centrust. We became the
architects of that project during the whole construction sequence.
Mr. Plummer: I would want to ask the same questions of all three of the
firms. Thank you.
Mr. De Yurre: OK, the second group, Harper Carreno, Inc.
j Mr. David Harper: OK, thank you. My name is David Harper, principal with the
firm of Harper Carreno. My address is 8805 NW 23rd Street. There has been a
number of questions asked, ranging from compositions of minorities on the
team, to amount of work that has been done.
Mr. Plummer: Excuse me, I've got to ask one other question, and I'm sorry to
do this to you. Of your consultants sir, which one, if you wish to identify,
is immaterial, have done stadiums, and which ones have they done?
Mr. Estevanes: OK.
Mr. Plummer: That will be of all three of the firms if they are all
represented.
Mr. Estevanes: Heery Architects and Engineers, a 500-man Atlanta
architectural firm, in 25 years they have done 80 stadiums or sports facility
projects. Included among those are the Cincinnati Riverfront Stadium, the
Atlanta Stadium, both baseball and football. They have remodeled the Gator
Bowl. They just finished designing the new baseball stadium in Tampa, the
Syracuse Dome, the Buffalo Stadium. It's a pretty endless list.
Mr. Plummer: That's fine.
Mayor Suarez: You've answered. OK, go ahead, Mr. Harper, we've interrupted
you.
Mr. Harper: OK, I...
Mr. De Yurre: Can you address the minority question first.
Mayor Suarez: Yes, that is...
Mr. De Yurre: How many employees do you have that are professionals?
Mr. Harper: OK, our total staff consists of 42 people, and of that, we have
15 persons that are either black or female.
Mr. De Yurre: How many are black?
Mr. Harper: The breakdown there is three blacks.
Mr. De Yurre: Three blacks.
Mr. Harper: Twelve females. The remaining composition of the male non -black
staff, I really don't have the breakdown at this moment, of the split...
Mr. De Yurre: How many Hispanics do you have?
Mr. Harper: I don't have that information.
106 November 3, 1988
0 0
Mr. Al Correno: It is a little different when you have ten people in your
firm, and when you have 42. It is more than 50 percent Hispanic.
Mr. Plummer: She said 53.
Mr. Carreno: Yes, we have more than 50 percent Hispanic, and then we have
Hispanic women, then we have black women, so...
Mayor Suarez: I think the answer on 53 was ownership.
Mr. Plummer: Minority.
Mr. Harper: The remaining portion of the staff is more than half Hispanic.
It would take a while to actually compile those numbers because we are one of
the largest firms in town, and it's not easy to have those numbers at the top
of your head.
Mr. De Yurre: So at least you have females, 12 women working as professionals
and you have three blacks.
Mr. Harper: Correct. In fact, one of our black females is the finance manager
of the company.
Mr. De Yurre: OK, J. L., questions?
Mr. Harper: I think one of the other questions, if I might just go on, had to
do with the previous work the firm has done. I'd like to point out this
specific experience of us not only in complex renovation work, but in complex
work in the public sector right here in Dade County. Our firm has worked on
$16,000,000 projects, $32,000,000 projects, and $45,000,000 projects that have
been undertaken here in this community by our in-house resources, so we are
one of the largest firms and we do have a full in-house AG capability. In
regards to some of the earlier remarks that Commissioner Dawkins had made, I'd
like to point out the following, which I think is very important to this. In
the particular request for proposal that the City issued on this specific
project, whereas in many instances they specifically identify the need for
landscape architecture and site engineering, that was not done. We felt in
regards to that particular matter that it was inappropriate for us to be
coming in with minority owned firms which someone could perceive we were
simply presenting for the purpose of gaining additional points. Now, I don't
know what's in the mind of other teams, I assume there may be a legitimate
interest, or involvement of these other minorities, and what we would like the
members of the Commission to know in this City is that we have the same
commitment as the other firms. You might note that we are the only firm that
does not show those other minority interests in case of landscape architects
and site design. That was simply our perception of the project. If the City
did not require it, and we honestly didn't believe that it was going to be
involved, we should not manipulate the system, if you will, or at least run
the risk of having it perceived that way, to come in with folks who may well
not have any work to do on the project. In regard to our work in the
stadiums...
Mayor Suarez: Pete, can I short that. Let me ask staff a question. I don't
know who the indicated person would be to answer this, but in view of the fact
that they must not have done too well in minority composition, because they
don't have the classic coalition there, you refer to them as rent -a -citizen,
but whichever, they must have done pretty well in other factors, is that the
case? - to have been very closely ranked in second place, Diane?
Ms. Johnson: Yes, they were very closely ranked. Of the total outcome, the
first team received 14 points, the second team received 19 points, only a
difference of five.
Mr. De Yurre: Of those points, how many were based on the minority
participation?
Ms. Johnson: Well, remember, this is overall ranking. I think the weight
given to the minority criteria was 25 percent, 25 percent of a hundred.
Mr. De Yurre: Well, do you have it there? What I would like to do is, and I
think that's what the Mayor was alluding to is, I'd like to exclude the points
107 November 3, 1988
0
given for minority participation and see how the ranking would look, with that
excluded.
Ms. Johnson: If you wanted to give me a few minutes, I can do that, but
looking at the final ranking sheets given by each member of the team, the
first...
Mr. De Yurre: Well, don't ramble, just get me that answer.
Ms. Johnson: OK, I'll sit down and do that.
Ms. Macbeth: Commissioner, may I interject something here? When we did the
ranking on minority participation, we only include the required disciplines
that were specified in the request for proposals, so that the points that we
awarded in that area only related to engineering and architects. The rest of
It is almost like dressing, which is to say that it was not included in our
evaluation of that particular part.
Mr. De Yurre: But did you give points for minority participation?
Ms. Macbeth: Yes, sir, but only for the prime consultants in terms of the
engineering and architectural services.
Mr. De Yurre: OK, let me have those points. I'd like to know what they were.
Ms. Johnson: OK, remember that they are given... one, I am going to be
reading to you from each member of the committee, what they gave the...
Mr. De Yurre: Get me the bottom line. Add it up. Give me the points that
were given to each of the top finalists for minority participation.
Ms. Johnson: OK, let me sit down and do that.
Mr. De Yurre: Go right ahead.
Mayor Suarez: Mr. Harper, go ahead and complete your presentation.
Mr. Harper: Yes, while Ms. Johnson is doing that, I will just finish with a
couple of minor points. Again, I want to emphasize that our lack of showing
minorities to do things such as site work and landscaping is the same as
everyone else's. In fact, we had conversations with some of the very same
people...
Mr. De Yurre: Do you do that in-house, the other staff? OK.
Mr. Harper: No, we don't, so it is certainly an opportunity that we always
identify as a possible area for minority involvement and I want to make a
statement that beyond that, we are willing to stipulate, if the committee were
to somehow end up selecting our firm...
v Mr. De Yurre: That you would use Maurice Gray Associates.
Mr. Harper: ... the Commission, that we use those other individuals to do the
work and in fact, we will strive in every way possible to meet the goals over
and above those other areas of participation, because we don't know if they
are going to be very significant in this particular instance. The other point
I want to make is, that the City also has a policy to distribute work amongst
firms in this community that have not previously had contracts with the City
of Miami. Our firm is the largest firm in South Florida that has not received
a major project for the City of Miami, in our entire history, in fact. We've
also done some stadium work. In fact, I'll have Al Carreno speak to that
particular issue.
Mr. Al Carreno: As a point of reference, so that you know that we are not
just saying that we would use these minorities if we were given a job like
this, we are using one of those two minorities right now on one of our
contracts with the School Board, so we do go outside for services. Laura, she
is working for us, doing landscape design for some School Board Work and we'll
be working together in the future, because we don't have that service and
there's a need for that service, and she is a very qualified professional in
that service, so we have that commitment and as far as the stadium work we are
doing right now, we have done work at Miami Dade North Stadium. We are
108 November 3, 1988
presently in design in doing the entire track, the entire athletic field
replacement and goal posts and everything for the Miami North Stadium at FIU
campus, so our firm, if there is any firm in town and the gentlemen from Urban
was very truthful in saying that there is only three major stadiums in this
town, and really, no firm has done the major work in any of those stadiums in
town, but if any firm has done any work in any stadium in this town, our firm
has done it.
Mr. Plummer: Can I ask a question that really hasn't been asked, but it is an
Important question. Regardless of, and I would ask both firms, is the third
firm represented here?
Mr. Estevanes: Yes, sir, we are.
Mr. Harper: Our budget, yes.
Mr. Plummer: Knowing what you know about this project, I'll ask you first,
how long would it take your firm, if you have a set of documents ready to go
out for an RFP to construct the contract?
Mr. Estevanes: To put out the project to bid?
Mr. Plummer: How long would you have a set of documents ready for us to put
out an RFP?
Mr. Estevanes: Well, to be very truthful and I think all the professionals
here would tell you the same thing, the actual scope of the job has not been
determined, so it would be very difficult for us to say. We have a team that
is composed of every discipline. The key discipline, which is the facility
design of a stadium renovation is with a 500-man firm, with all the latest
technological computerized capabilities. Mr. Mike Holliman would be here
and...
Mr. Plummer: Let me ask it another way. You realize the importance of the
time in this project?
Mr. Estevanes: Yes sir, and this is what the answer would be for instance in
this case, in this history of 25 years, they have experience of designing
stadiums in phases within the window of opportunity which is the ending of the
Orange Bowl game on New Year's Day, two, the starting of the University of
Miami field, and we have examples where we could show you that a comprehensive
remodeling of a major football stadium can be done in phases on budget and on
time.
Mr. Harper: OK, Commissioner, if I might just follow up on a question that we
didn't get to answer earlier, and that was about the experience of our
—
consultant in this particular matter. Our consultant, Iffland, Kavanagh,
=
Waterbury has done many, many larger complex stadiums throughout the United
States. In fact, they were consultants to the Houston Astrodome, where they
invented Astroturf and it was the first domed stadium in the world, of course.
The Yankee Stadium project, renovation in New York, of course; the Seattle
King Dome; Dodgers Stadium they designed, where they introduced eleven major
erenovations,
but I think the point is this, there are good consulting firms
.
available, but the point is, what can a local firm do? We know from
experience that sometimes these out of state people, or out of town people, as
the case may be, have a tendency to not have the commitment that the local
-_
people have. I think it is important for the Commission to know the
commitment of our firm and that is the commitment to be able to do this
project right here in Miami. We committed to the Selection Committee that all
work would be done in our office, so we are not looking for this out of town
consultant to play a large role. In fact, if they flew the coop along with
all of the other people from out of town, we could still handle the job.
We're glad they are on our team because they are good folks to have and
they've got a lot of experience. Now, in terms of the ability to get this job
done on time and on budget, our firm undertook a very complex renovation
project for the United States Coast Guard on Miami Beach, which was the
largest Coast Guard project in the United States when we started it.
Mayor Suarez: The largest what? Coast Guard.
Mr. Harper: The largest Coast Guard project in the United States. It
involved demolition of 22 buildings while maintaining complete ongoing
109 November 3, 1988
operations of the base. Our firm, due to the fact that the Department of
Defense had offered a special $10,000,000 appropriation, had to do the
complete design and contract documents on that project in six months. We are
prepared to undertake a similar initiative on this particular project if it is
necessary. The bottom line is, we understand that we cannot disrupt the
University of Miami Hurricane football season and we don't intend to do it,
and we do intend to meet that $16,000,000 budget. We've done it in the past
here in this community, we can do it now.
Mr. Plummer: The trouble is, instead of sixteen, it's fourteen.
Mr. Harper: $16,000,000 was the total project, including professional fees
that was given to us.
Mr. Plummer: Then you were given a wrong number, because this is $14,000,000.
$2,000,000 of it has already been spent.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: What about the local participation ordinance. How does that
play into this evaluation, or was it applied at all? And if it was not
applied, why not? I mean, we passed it, I believe, by an... actually, it was
a charter amendment.
Mrs. Kennedy: If you send us, as part of our backup material, Diane, the
rating system, so that are we are familiar with it.
Ms. Johnson: The rating system?
Mrs. Kennedy: The rating system that you use. It would be very helpful if
you send it to us as part of the backup.
Ms. Johnson: Certainly, I'd be happy to send it to you.
Mrs. Kennedy: Thank you.
Mayor Suarez: What about the local participation aspect of this? Didn't we
specify by Charter Amendment that up to ten percent of any bid evaluation
would have to be given by way of preference to a local firm as opposed to out
of town firms?
Ms. Johnson: I don't know if it's ten percent. I would have to have the City
Attorney answer that, but I do know that there is the standard local
preference clause and points were awarded for those local firms with lower
rankings given those that were not local.
Ms. Macbeth: The ordinance that you are thinking of Mayor, relates to bids
and it relates to the price of a bid and this is the proposal and it is
something different, but we did take...
Mayor Suarez: We did not apply this to the subjective evaluations or
proposals?
Ms. Macbeth: No, sir, it doesn't apply to that legally, but her point is that
we also included the part of this overall evaluation now.
Mayor Suarez: Was it one specific criteria all by itself, or was it built
into another criterion?
Ms. Macbeth: What it was it was built into this overall criteria asking the
questions as to whether or not the companies were located in the City of Miami
and Dade County, or out of the state.
Mayor Suarez: OK. Did you have the answers to the Commissioner's questions
so we can get...
Ms. Johnson: Yes, in terms of how many points were awarded overall for
minority participation. The top ranked firm, taking all the rankings given by
the individual Selection Committee members received 132 points for minority
participation, which is an average of 16.5. The second ranked firm received
113 points for minority participation, which is an average of 14.1. The third
ranked firm received a total of 134 points for an average of 16.7. The
110 November 3, 1988
difference is primarily because there were extra architects and engineers that
were minorities.
Mr. De Yurre: OK, now, how does that... how do you compute the impact of
those numbers on the 14, 19 ad 21 points.
Ms. Johnson: That was 20 percent of the overall evaluation.
Mr. De Yurre: So you would take the hundred and some points and multiply it
time .2?
Ms. Johnson: No, we did no multiplication. It was a cumulative ranking, but
out of 100 points, team number one got 16.5 towards minority participation.
Mr. De Yurre: Then what do you do with that number? Give me the formula.
Ms. Johnson: We take each of the criteria, OK, each is given a total score.
All of those categories are totaled up to a total of 100 points.
Mr. De Yurre: OK.
Ms. Johnson: Highest for minority participation was 20. I'll give you the
breakdown for the others in just a second. I believe it was...
Mr. De Yurre: Let me put it to you differently. How do you get 14 points?
How did number one get 14 points?
Ms. Johnson: The sub categories were whether or not the prime consultant was
minority or female owned. Second category, whether or not any of the
subconsultants were minority or women owned. Part C was minority or women
were key staff members of the prime consultant working on the project. Part D
was whether minorities or women were key staff of any of the subconsultants
working on the project and part E was whether or not they had implemented and
received verification of an affirmative action program.
Mr. De Yurre: OK, but how many points... you are not following me. Of the
total 14 points, that have to be made up different areas, right?
Ms. Johnson: Yes.
Mr. De Yurre: OK, now, how many points for minority participation did they
get as part of the 14 points that they got?
Mayor Suarez: Let's just try to isolate out non minority participation
factors and see how they did otherwise.
Mr. De Yurre: That's what I'm trying to do.
Ms. Johnson: I don't understand at the moment.
Mrs. Kennedy: What he is trying to say is if you deduct the minority
participation from the 14 points, what would that leave them with?
Ms. Johnson: We didn't do the deductions. We just came up with this.
Mr. Estevanes: Commissioner De Yurre, I think that what Diane is trying to
say is that the weight given to minority participation is approximately 20
percent...
Mayor Suarez: Oh, we got that.
■ Mr. Estevanes:... of the total that makes the ranking.
Mr. De Yurre: OK, so let's 14, you talk about 3.8 points in that... is that
what you are saying then?
Ms. Johnson: No, it's not. Do you want me to go back and remove these
numbers from the overall 100 points?
Mayor Suarez: It is just that the 14 is just a sequential ranking is what the
problem is. It doesn't work as a rating system in a mathematical quantitative
sense.
ill November 3, 1988
Mr. De Yurre: Let me tell you... yes.
Mr. Smith: The 14 points were really made out of the different ratings and
rankings and then once you have gone through all of the evaluations and you
give them points, if Urban Architects and I say I was rating it, and it was
rated on my sheet as number one, they were given one point on the 14, of the
14 total points, they received one point. So it is really a ranking of how an
evaluator ranked them, given all this different categories.
Mr. De Yurre: Let me tell you what my position is on this so we can
understand each other. I don't want any group to end up in number one because
of this minority participation when I see that the difference between 14 and
19 and 21, I think that they are all qualified, and I don't want it to come
down that because of the minority participation points that they got or didn't
get, that all of a sudden one has a preferential position over the others
that's going to negotiate and the others may be excluded from negotiating at
all, and that's my point.
Ms. Macbeth: I understand that sir, and I think what we were saying back to
you was that the fact that only 20 percent out of 100 points could matter was
involved, that that would not likely be the case, it is mathematically. What
we can do for you, what Diane gave you was an average number of points that
each one of these particular teams received just in that area, so that none of
them, as an example, received a total of 20 points in that particular area.
For all eight raters, the average for the three teams were the figures that
she gave you. If you'd like, what we can do is we can extract the minority
piece totally and give you those bottom line figures if you would like to hear
those.
TAPE 9
Mr. De Yurre: Well, that's what I was looking for but you know, what I would
like to see done is and let me ask you what the procedure is, the next step.
Let's say that you have a ranking of one, two, three, like we have right now.
Do you go to group number one and you negotiate a deal with them, as far as
price?
Ms. Johnson: As far as scope of work...?
Mr. Plummer: That's State Statute. State Statute says, it's very simple -
you go and you negotiate with firm A. If you cannot reach a successful
negotiation, you then must leave A and go to B. If you cannot successfully
negotiate with B, you cannot go back to A, you go to C. If you do not
successfully negotiate with C, you must go to rebiding, you cannot go back.
Once you have negotiated with the first one, you cannot go back to them. That
is State Statute.
Mr. De Yurre: Now, how is that going to work? Are you going to tell group A,
this is what we are willing to pay? Can you do it?
Ms. Johnson: We generally prepare our draft contract, send it to them for
review and then we sit down and discuss it and go back and forth over the
various points.
Mr. Plummer: You negotiate.
Mr. De Yurre: Well, that's it, you know, and what you are doing is, if you
are asking for, say to do it for $1,000,000, for example, and they come back
and they say no, we've got to do it for $1,100,000, do you stop right there,
or do you say, well, or they may come down, and you start negotiating, because
if that's the case, then I think it leaves the other group, which are probably
just as qualified, in an unfair position.
Ms. Johnson: Well, I think...
Mr. Plummer: Not really.
Mr. De Yurre: Or do you go to all three, you know, would just say, "Listen,
this is what we want, I want you to do this for X amount, can you do it, yes,
or no?" And if they say no, you don't negotiate no more. Then you go to the
next one, can you do it and then to the third group.
112 November 3, 1988
w
Ms. Johnson: Well not having had to negotiate many of these contracts, I was
not going to be doing it without the assistance of the Law Department. My
understanding is that we do have some flexibility, but that when it becomes
apparent that we cannot arrive at a figure that's agreeable to both parties,
then we stop, period.
Mr. Plummer: Well, A and E, design is usually on a percentage of the total
project. It is not so much... what you have in negotiations, Victor, because
I've done a lot of them, is in fact, that you know, just because you set
$1,000,000 here doesn't mean that you can't offset it on something else, so I
think it is basically the overall. There are other important factors besides
just the price factor, how fast they can get it done, what is their perception
of fast track, how they will do it, there is a lot of other factors besides
just the price, which of course is important.
Ms. Johnson: And bear in mind that we did have a portion of the work already
completed in terms of conceptual plans by Kundes Sprecher Yaskin.
Mr. Plummer: Well now, that necessarily is not... that's not, I am not going
to hold whatever firm is awarded to that conceptual plan.
Ms. Johnson: That is true.
Mr. De Yurre: But the bottom line as far as I am concerned, is that I don't
want, you know, I am not in accord with having this setup of one, two, three
if the minority participation created that one, two, three position, and it
could have been maybe flipped some other way if that wasn't included.
Ms. Johnson: That alone was not the reason for the ranking. I think...
Mr. De Yurre: But it could have been the difference between 14 and 19, or 19
and 21. It could have been.
Ms. Johnson: Let me go and put the pencil to it.
Mr. De Yurre: OK? That's my position and I just don't feel that it is fair
to put somebody ahead of somebody else because of this type of situation.
Ms. Johnson: Nevertheless, minority participation was a ranked criteria in
the request for proposal documents, giving it a weight of 20 percent and the
final presentation
Mr. De Yurre: Yes, but do you give more importance to, the fact that you get
different companies to come in and join the team or the fact that you have
employed blacks and Hispanics and women within your own company? You know,
what is better, what would you rather have? I think that is part of the
criteria as far as minority participation, the fact that you can grow within a
company and get to be a owner, at the ownership level, or you just say,
listen, for example, I'm all Anglo, if you want to say that word, and I'll
just add in a black company and a Hispanic company so I can meet the
requirement. You know, what would you rather have? You know, those are the
questions that come up?
Mayor Suarez: Well, you don't have to answer all of that, Diane, but
Adrienne, for sure, I think the Commission is saying that in weighing, or
giving different weights to the minority participations of different proposers
in these kinds of matters, we'd like to emphasize a little bit more of the in-
house minority component as opposed to whoever they can bring in, and I don't
know...
Ms. Macbeth: Yes, sir. I think that the schematic that Diane outlined...
Mrs. Kennedy: We understand that it's a goal, it is not a... excuse me, we
understand that it is a goal, it is not a quota at this point.
Ms. Macbeth: Yes, Commissioner.
Mrs. Kennedy: And we are working towards that, but we would like to see more
of that participation.
Ms. Macbeth: Yes Ma'am, we do that by way of requiring that the company give
us and show us that they do have an equal opportunity employment policy as
well as an affirmative action policy in place.
113 November 3, 1988
Mayor Suarez: OK, Commissioners, anything further? Anyone from the group
that is ranked third, I believe?
Mr. Daniel Perez: Yes sir, Daniel Perez with Bellen Perez and Perez
Architects. In answering Commissioner Plummer's I believe questions, we are a
24-man firm with offices in the City of Miami. Currently, the profile for
this particular job was structured to respond directly to the constraints for
this project, which is a reconstruction and renovation modernization project.
Now our firm has been involved and is currently involved in about $100,000,000
worth of reconstruction and renovation work out of Miami International
Airport. Now, the fact of the matter is, we envision this project to have the
scope, very similarly we have done in performing in the past, and we are right
now currently involved in a $38,000,000 renovation reconstruction project, in
which case you have to leave the facility operational. We find that this is
going to the be constraints that will fall for the rules for this particular
project. Now, there was an allegation made that of the local firms, there is
no local experience in stadium expertise. Our team members, one of the team
members, and the prime, possibly, team member for this particular project is
the structural engineering component, Bliss and Nitray, and they have
completed successfully the design on the fast -track basis for the Joe Robbie
Stadium, and that...
Mr. Plummer: O00000000hl
Mr. Perez: And nevertheless it is the only major facility in the City of
Miami that has been...
Mr. Plummer: That is not in the City of Miami, sirl
Mr. Perez: Well, the only major facility...
Mr. Plummer: That's in the Pembrook Pines' porpoises.
Mr. Perez: Politics aside, sir, it is the only facility of major standing for
this particular usage that has been completed and our consultants indeed do
feel that we can carry the local expertise for the execution of this job. We
envision this job as a local job. We have assigned ourselves, Ellerbe and
Associates is an 800-man firm, is the second largest architectural engineering
firm in the county as a backup, but we envision that it will be done on a
local basis.
Mayor Suarez: You envision it as a local job, we defined it as a local job.
Mr. Perez: Well, and I believe that's the intent. I don't believe that we
need to go outside to find good design local talent. I think there is much of
that in this area.
Mayor Suarez: I think the three recommended companies are actually quite
able, any one of them to do this and I hate to constantly be placed in the
situation of having to select, but the only way we can go for myself, is with
the Manager's recommendation and I mean Manager in this case, I mean the
Administration. Yes, sir.
Mr. Carlos Valdez-Fauli: Mr. Mayor, my name is Carlos Valdez-Fauli, I am one
of the owners of Harper Carreno, and designated project manager in this
project. In behalf of our firm, I would like to thank all of the
Commissioners for your time, and especially the Selection Committee of the
Orange Bowl for their help. Thank you very much.
Mayor Suarez: Very good. Thank you. We don't usually get thanked for a very
thankless process like selecting out of how many companies did we have
initially?
Mr. Plummer: Ten.
Ms. Johnson: Well, there were ten teams that you know, a lot of them had six,
seven, or eight participants, so we did have a very, very positive response on
this project.
Mayor Suarez: OK, we have a motion and a second, I believe, after the other
motion was withdrawn, the one that had to do with deferral? And the motion is
to accept the highest rated company and it's been seconded.
114 November 3, 1988
Ma. Johnson: The ranking.
Mr. Plummer: Well, what you would be doing in effect, Mr. Mayor, you would be
making Urban the number one; Carreno, number two; and Bellen Perez and Perez
number three; in that order.
Ms. Johnson: Correct.
Mayor Suarez: And does it work then, if we approve that ranking, that if we
can't negotiate with number one, we go to number two, and if we can't with
number two or number one, we go to number three?
Ms. Johnson: That is correct.
Mr. Plummer: Yes, but the negotiator cannot go to two or three first. He
must go to one, first.
Mr. Fernandez: Yes.
Mayor Suarez: OK, motion understood. Any further discussion? Call the roll
on the motion.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1049
A RESOLUTION APPROVING THE MOST QUALIFIED FIRMS TO
PROVIDE PROFESSIONAL PLANNING AND DESIGN SERVICES FOR
THE ORANGE BOWL MODERNIZATION PROJECT - PHASE II;
AUTHORIZING THE CITY MANAGER THROUGH HIS DESIGNEES,
HERBERT J. BAILEY AND JOHN J. MULVENA, TO UNDERTAKE
NEGOTIATIONS WITH THE MOST QUALIFIED FIRMS, TO ARRIVE
AT A CONTRACT WHICH IS FAIR, COMPETITIVE AND
REASONABLE, AND DIRECTING THE CITY MANAGER TO PRESENT
THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR
ITS APPROVAL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. De Yurre: My question was satisfied by Carlos a moment ago, I finally got
the numbers that I wanted and it they would not have made a difference in the
ranking, so I'll vote yes.
COMMENTS MADE AFTER ROLL CALL:
Mrs. Kennedy: Mr. Suarez, the Manager has indicated to me that he does not
want to participate in the negotiations with Urban Development so I think that
this Commission should nominate Commissioner Plummer, since he heads the
Orange Bowl renovation committee to do it together with Sam Jankovich and Jim
Barker.
Mayor Suarez: Mr. City Attorney, I think you were just saying that there was
maybe a little problem with that.
Mr. Fernandez: I call your attention to section 15 of the Charter that says
that no member of the City Commission shall be appointed City Manager, or for
115 November 3, 1988
that chatter, to act in any capacity that the City Manager would be called to
act under.
Mr. Plummer: That's fine with me.
Mayor Suarez: What do you suggest?
Mr. Dawkins: Get Herb Bailey.
Mayor Suarez: Do you want to have Herb negotiate? I know the Manager would
like to put as much distance between himself and this as possible, but you
can't go to an outsider, because we would be forever trying to choose one.
Mr. Fernandez: This City Commission can appoint someone to act...
Mayor Suarez: Right, that's why we have a...
Mr. Fernandez: ... as City Manager for purposes of this limited issue.
Mayor Suarez: OK, we have a suggestion of Herb Bailey. I don't have no
problem with that.
Mrs. Kennedy: I have no problem.
Mr. Plummer: I have no problem with Herb, but it still trying to get away
from pointing fingers. I think it has been expressed that they would like to
have no one of the Administration...
Mr. Fernandez: Well, if this City Commission is very clear in the delegation
of that authority to Mr. Bailey, Mr. Bailey will be acting independent of Mr.
Odio.
Mr. Plummer: Well, he is still part of the Administration, that's...
Mayor Suarez: You want to have the Godfather negotiate this?
Mr. Plummer: Huh?
Mayor Suarez: You know, I mean we get to the point there that we are going to
have to be, you know, looking for Reverend Walsh, or Rabbi Lehrman or
somebody, you know.
Mrs. Kennedy: Well, who do you suppose...
Mr. Plummer: Who is a good... hey, come on, we must know a good architect in
this firm, or in this town that is not involved.
Mr. Dawkins: Luis Sabines.
Mr. Plummer: I said an architect, not a...
Mayor Suarez: I have no problem with Herb Bailey and I think we ought to...
Mr. Dawkins: I don't have any problem with Herb Bailey.
Mr. Plummer: I don't either. I'm just saying, you know, trying to remove...
Mr. Dawkins: I move Herb Bailey.
Mayor Suarez: So moved.
Mr. Plummer: Can I ask that Mr. Bailey in concert with Mr. Jankovich and...
Mr. Dawkins: Who is Mr. Jankovich?
Mr. Plummer: The University of Miami.
Mr. Dawkins: No.
Mayor Suarez: No, no, no, I can't go...
Mr. Dawkins: No way, no way!
116 November 3, 1988
Mr. pluMer: Ok, all right.
Mrs. Kennedy: How about Jack Mulvena?
Mayor Suarett .tack, I have no problem with Jack.
Mr. Dawkina: I have no problem with Jack Mulvena,
Mr. be turret Well, can we appoint J.L. to work in conjunction with Herb?
Mr. Plummer: I would prefer not to, Victor, I said that before, but it is
only if there was nobody else to do it, I would accept the responsibility.
Mrs. Kennedy: How about Mulvena?
Mr. Dawkins: Jack Mulvena, that's it, Herb and Jack.
Mayor Suarez: Fine.
Mrs. Kennedy: Yes.
Mr. Plummer: That's fine with me.
Mayor Suarez: OK, so moved and seconded.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 88-1050
(NOTE: The parameters of the hereinabove motion are
contained in Resolution 88-1049 above)
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS AFTER ROLL CALL:
Mayor Suarez: It used to be we didn't get along too well with the Off -Street
Parking Authority. Now we're... I guess it is a sign of the times!
Mr. Plummer: Mr. Mayor, I would ask of those two members of that Committee,
because of the time element involved, I would hope they could come back and
have this completed by the 15th of December. I would so ask of those two
members to please endeavor to do that.
Mayor Suarez: Yes, I can't imagine it would take longer than that. That
would be absolutely...
---------------�=— --
40. GROUP ]BENEFITS FOR MEDICAL CARE PROGRAM: authorize Manager to execute
agreement with Century Financial Services Inc.
Mayor Suarez: Item 58. Century Financial to provide professional services.
I'll entertain a motion on SO.
Mrs. Kennedy: Move it.
Mr. Plummer: Mr. Mayor, I have no problem with getting an outside consultant
to do this work and to advise our people. I am very, very concerned in the
area of benefits. It is crucial, very crucial, that we must have someone who
understands what this City is about and what it can afford. Now, I hope that
we are going to set the criteria for the consultant as to what benefits and I
want to be... I can't speak for other members of this Commission, but before
you send that list of criteria to the consultant, I want to see it.
Ms. Rene Jones: Yes, Commissioner.
Mr. Plummer: That's very, very, important, because that alone will make you
or break you in that contract.
Mayor Suarez: With that proviso and making sure that you show them to all the
Commissioners, because I gather you want all of us to see it, that's what your
suggesting.
Mr. Plummer: Hey, can you put one or two benefits on there?
Mayor Suarez: I have a motion, do we have a second?
Mr. Plummer: Yes, sir.
Mrs. Kennedy: I move it.
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Who is Century Financial Services? Where are they?
Ms. Cheryl Goicoechea: The consultant, Mr. Herb Achtmeyer, is in the
audience.
Mr. Dawkins: Sir, you are being considered for a $28,000 contract to do this.
Mr. Herb Achtmeyer: Yes, Commissioner.
Mr. Dawkins: My concern is that there should be someone in the City capable
of doing this. We do not have anybody. What would it cost your firm as you
do this, to perhaps teach Rene... what is Rene's last name?
Mr. Jones: Jones.
Mr. Dawkins: No, the male Rene.
Mr. Odio: Larrieu.
Mr. Dawkins: Larrieu, Rene, Rene Jones. What's your name?
Ms. Cheryl Goicoechea: Cheryl.
Mrs. Kennedy: Cheryl Goicoechea.
Mr. Dawkins: OK, what would it, I mean, approximately, what amount would the
City have to pay for consultants to teach these three individuals what we are
doing so that next year I do not have to pay $28,000 for somebody to do this.
Or, could your firm do that?
118 November 3, 1988
0 0
Mr. Herb Achtmeyer: Yes, Commissioner, my name is Herb Achtmeyer. As a
course of our consulting, that's exactly what we do. We do it on a sharing
hands on basis. We explain what we do, why we do it. further to the point,
I've been involved, while a member of the Johnson and Higgins, which is
located in the City, and prior contracts with the City.
Mr. Dawkins: What would it cost, sir, as a consultant fee, for me to pay you
to insure that when you leave, it is not just a hands on situation that you
leave three people well qualified to do the job?
Mr. Achtmeyer: Within the framework of the present figure.
Mr. Dawkins: Yes, sir. How much?
Mr. Achtmeyer: The maximum is $28,000.
Mr. Dawkins: And all of that is included in the $28,000?
Mr. Achtmeyer: Yes, Commissioner.
Mr. Dawkins: What are you two shaking your heads for? This is not your firm.
So when you leave here this year, these two individuals and Larrieu Rene will
be able to do this next year on their own?
Mr. Achtmeyer: Assuming they don't flunk my test, Commissioner.
Mr. Dawkins: Well, see, that's why I want to give $2,000 so that if they
flunk your test, I don't have to pay you. All right, Mr. Manager, you
understand, a part of the contract with the consultant is that the three
people on your staff, Mr. L...
Mr. Odio: Larrieu.
Mr. Dawkins: Rene, Rene Jones will be taught along the year, so that next
year they can do this on their own. That's a part of your agreement, OK?
Thank you sir.
Mr. Odio: Yes, sir.
Mr. Dawkins: Thank you, sir.
Mayor Suarez: So moved.
Mr. Plummer: Mr. Mayor, question. Mr. Manager, in reading this backup
material, who is the so-called Health Care Subcommittee?
Ms. Goicoechea: The Health Care Subcommittee is a joint committee between
labor and management and we have been meeting for the last month and one-half
discussing the issue of health care.
Mr. Plummer: Yes, but see, the problem is, you don't give me what is the
recommended changes of the Health Care Subcommittee. I don't know what that
is.
Ms. Goicoechea: As a part of meeting with the unions, discussing the problems
of medical utilization within our insurance plan, the penetration of the
HMO's, we will map out what we need to do. Our objective sir, is a multiple
option plan, and what she just asked us to do is upon the committee's
conclusion, we will be giving to you our recommendations.
Mr. Plummer: Excuse me, would it not seen plausible that before this plan was
sent to the consultant, that this Commission would look at it and agree, or
disagree before you send it to a consultant?
Ms. Goicoechea: If that is what you would like us to do, we would be more
than happy to.
Mr. Plummer: Doesn't that seen logical?
Ms. Goicoechea: Yes, it does seem logical.
119 November 3, 1988
Mr. Plummer: Because I mean, you know, you go through the consultant, then
whammo, you come back here and we say, no, we don't agree with that plan. It
would seem like to me before it's sent to the consultant, you would come back
here, and we would agree, or disagree. With that proviso, has it been moved,
Mr. Mayor?
Mayor Suarez: Moved and seconded.
Mr. Plummer: I'll second it.
Mayor Suarez: It has been moved and seconded, I believe.
Mr. Plummer: With that proviso.
Mayor Suarez: Thank you. Anything further from the Commission? Gloria?
Ms. Gloria Rosello: No, I just would like to point out something. I see here
$28,000. When I saw on this memo on October 27, 1988 from Angela Bellamy to
all of the department directors that Work Injuries Medical Center of 2464
Coral Way, which is the previous firm on another address, completely different
to what you have on the bidding, and everything else, will centralize all
these medical things which is what we originally said, and that the people
would pay the $15 which the $80,000 of drug screening and all of that stuff
that you had before on the agenda, that will go out directly. Now, you are
sending $28,000 for somebody to tell you if you should use an HMO or an in-
house or whatever you have now that you said it didn't work? I mean, I just
don't understand it.
Mr. Plummer: Well, it is my understanding that he is going to prepare a
package. Is that correct?
Ms. Goicoechea: These are two separate issues, sir.
Mrs. Kennedy: Would you please answer that?
Ms. Goicoechea: These are two separate issues, sir. She is discussing the
medical center, I'm assuming, and this is the health care plan.
Mr. Plummer: I am assuming that this consultant, his end product is going to
be a package which we can go out to bid with.
Ms. Goicoechea: Indeed, that is the objective.
Mr. Plummer: And as far as the HMO and that aspect of it, that's now Federal
guidelines.
Ms. Goicoechea: Has been.
Mr. Plummer: You have to offer that.
Ms. Goicoechea: It is Federally mandated.
Mr. Plummer: I'm still, and I'll once again reiterate. There are two areas I
am very much concerned. What benefits you are going to provide, and what is
the employee contribution to those benefits? That's critical. Let me tell
you, under today's conditions, it is can make or break this City.
Ms. Goicoechea: That's correct.
Mayor Suarez: And once again, a question that was asked before, and was
hinted at by her statement. You are saying that this evaluation, or this
package preparation, or whatever it is that we are doing here, cannot be done
by people that we have in-house?
Ms. Goicoechea: No, that is not what I am saying. It can be done in-house.
It is in the City's best interest to hire the expertise of the consultant who
does taking employee benefit programs out to bid on a regular basis.
Mrs. Kennedy: But I don't understand if it can be done in-house, why is it in
the City's best interest to hire a consultant?
i
120 November 3, 1988
Me. Goicoechea: That's a good question. A consultant who takes an employer's
benefit package out to bid is in contact on a day to day basis with the
Insurance market, actuaries, underwriters, and this is real important, because
especially with a product that we envision, which is a multiple option plan,
just going out to bid, to bring in a new plan without any end results of cost
savings to the City and the employee, was the reason to go out to bid? The
new products of a multiple option, you can have hidden costs and pricing
techniques that are very subtle, that only a consultant who does this on a
regular basis can detect. That's why I say it is in the City's best interest.
Mayor Suarez: Well, your rhetorical question on why go out to bids if it
won't bring you any cost savings, is wrong, if it is like anything else that I
am aware of, because the whole point of going out to bids, quote, unquote, is
by competition to reduce the actual costs to the minimum, I mean, that sort of
economic theory. Now apparently it doesn't seem to apply to this particular
situation and then I have to go on your recommendation, but I have to say that
I don't understand why it cannot be done in house.
Ms. Rosello: Excuse me, until now, and it was very much stressed from this
Commission why I have been sitting in here, and I have been sitting here long
enough, it was well said that your Labor Relations manager was very, very good
at all these labor relations problems, so I think that you don't need to spend
the $28,000.
Mayor Suarez: We've got your point. Anything further from the Commission?
Do you have a motion and a second on this?
Mr. Foeman: Yes, I do.
Mayor Suarez: Call the roll.
Mr. Plummer: Excuse me, one other question.
Mayor Suarez: Go ahead, I'm sorry. Commissioner Plummer.
Mr. Plummer: Are we planning on going out to the private sector for the
bidding, or are we talking about possibly doing it in hand using an outside as
a claims agent only?
Ms. Goicoechea: No, sir, we are looking to see what insurance vendors have a
multiple option plan. There are approximately four or five of them.
Mr. Plummer: And what is your anticipated cost for total, City-wide?
Ms. Jones: What I can give you is our anticipated savings sir, which is about
10 or 12 percent.
Mr. Plummer: What is the total cost for health care on a 12 month basis,
City-wide?
Ms. Goicoechea: Currently the self -insured plan costs $4,700,000,
Mr. Plummer: But that does not include police and fire.
Ms. Jones: It does not include police and fire, and sir, it does include
HMO's. It's just the insurance.
Mr. Plummer: No, total cost of health insurance for this City City-wide is
projected to be how much money?
Ms. Goicoechea: Including police and fire, sir, I don't know.
Mr. Plummer: Well, what do they pay?
Ms. Goicoechea: I can get that information for you.
Mr. Plummer: So you are saying it is $4,000,000 without police and fire?
Mayor Suarez: $4,700,000, I believe, isn't it?
Ms. Goicoechea: That's correct, sir.
121 November 3, 1988
Mr. Plummer: is it reasonable to say that the total cost of health insurance
for this City is going to be around $12,000,000 to $15,000,000?
Mayor Suarez: Well, police and fire are a little bit more than a third of our
entire work force, almost a half, so it could be.
Mr: Plummer: Is that a realistic number?
Me. Goicoechea: Bringing in the fire union and the fire retirees that came in
September and October of this year, projections are showing approximately
$10,000,000.
Mr. Plummer: For all?
Ms. Goicoechea: Excluding police and sanitation. That's AFSCME, managerial,
confidential, executives and fire.
Mr. Plummer: I'm trying to get to the bottom line. What is...
Mayor Suarez: OK, now throw in an estimate for police and sanitation, since
you left them out. We are talking $15,000,0007
Ms. Goicoechea: That would be a good guess, but sir, it is a guess...
Mayor Suarez: A lot more than ten.
Mr. Plummer: So what you are saying...
Ms. Goicoechea:... because they are their own trust. The City does not
oversee them, sir.
Mr. Plummer: So in other words, what you are really saying is the bottom line
is 10 percent of our budget is going for health insurance.
Ms. Goicoechea: It is an expensive item, yes.
Mr. Plummer: Does that include life?
Ms. Goicoechea: No, sir it does not, it is just the medical portion, pure
medical plans.
Mr. Plummer: What is the total cost for the life portion on an annual basis?
Ms. Goicoechea: Somewhere in the neighborhood of $150,000.
Mr. Plummer: For all employees?
Mr. Dawkins: It is a conflict of interest.
Me. Goicoechea: Sir, again, I'm just looking at the...
Mr. Dawkins: J.L., it is a conflict of interest if you bury City employees.
Mr. Plummer: Yeah, right.
Mr. Dawkins: OK, I just want you to know that.
Mr. Plummer: There is some around here won't be a conflict, because I'll do
it free of charge. OK, what I am really trying to come to, Commissioner, is
you know we had operated under a theory around here for a long time, of the
fringe package for general employees being 36 percent of every dollar paid in
salary, and police and fire, about 48 percent was the fringe package. Now,
from the numbers you are giving me, it is going to be a hell of a lot higher.
Mr. Manager, I'm really getting concerned when a fringe package exceed 50
percent.
Mayor Suarez: Not necessarily though, because I think total payroll is about
$100,000,000.
Mr. Plummer: Yes, but Mr. Mayor, we are not even including in that number at
this particular point, pension.
122 November 3, 1988
Mayor Suarez: The medical insurance is the biggest portion of fringe.
Mr. Plummer: No, no, I'm talking about pension.
Mayor Suarez: I know, but the biggest portion is medical.
Mr. Plummer: No, pension)
Mr. Odio: No, right now, as I remember, 1 think the total package including
pension was 47 percent, including pension.
Mr. Plummer: Yes, but what she's...
Mr. Odio: If you take the pension off, it's about 34 to 35 percent, so that's
within... you have to remove pension.
Mayor Suarez: I think pension is costing us, the two, the Plan and the
System, are costing us a little bit over $20,000,000 a year, I think our
contribution...
Mr. Odio: Somewhere in there.
Mayor Suarez:... and you've already added up medical to be somewhere around
fifteen, so we're already at $35,000,000, which is about 35 percent of a
$100,000,000, which is my estimate of total salaries, rough guesses. Anyhow,
it is a lot of money.
Mr. Plummer: It sure as hell is.
Mayor Suarez: OK, we have a motion and a second.
Mr. Dawkins: Under discussion.
Mayor Suarez: Yes, Commissioner Dawkins.
Mr. Dawkins: I still did not hear an answer to Ms. Rosello's question, and
that is, what is the consultant going to tell me that her husband didn't tell
me about saving money? Somebody over there tell me that.
Ms. Jones: Commissioner, we have two different items here. The item that her
husband dealt with was with regard to medical services, i.e., the physical
examinations. Here we are talking about the medical plan itself.
Mr. Dawkins: Well, the medical plan does not include examinations?
Ms. Jones: We are not talking about the physical exams, no.
Mr. Dawkins: OK, thank you.
Mayor Suarez: Any further discussion? Call the roll on the motion.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-1051
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
CENTURY FINANCIAL SERVICES, INC. TO PROVIDE
PROFESSIONAL SERVICES IN THE NATURE OF TAKING THE
GROUP BENEFITS PROGRAM OUT TO BID FOR THE PURPOSE OF
IMPLEMENTING A MULTIPLE OPTION - MANAGED CARE MEDICAL
PROGRAM FOR THE PERIOD OF FIVE MONTHS AT A MAXIMUM
COST OF $28,000; ALLOCATING FUNDS FROM THE DEPARTMENT
OF PERSONNEL MANAGEMENT'S TRUST AND AGENCY BUDGET,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
123 November 3, 1988
N
AYES: Commissioner Victor be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Vice Mayor Rosario Kennedy
ASSENT: None.
COMMENTS MADE DURING ROLL CALL:
Ms. Kennedy: I'm going to vote against the motion after hearing all the
arguments. I think that it is something that can be really done in-house and
I don't see the need for the consultants so my vote is no.
Mr. Dawkins: Well, I am going to have to go along... Mr. Manager, what is
your recommendation before I go any further here?
Mr. Odio: I recommend this because of the... I sat through labor
negotiations and I heard the complication on insurance benefits and all of
that. We do need someone with an outside objectivity that can really guide us
through this maze. It is really very complex, Commissioner. You are talking
about millions of dollars and in fact, correct me if I am wrong sir, there is
a movement nationwide, Commissioner Plummer, you might know about this, about
trying to have cities cover the unfunded part of any insurances and...
Mr. Dawkins: OK, I share Commissioner Kennedy's concern, I feel too that it
can or should be done in house, but you are the hired professional and in the
event that something goes wrong, I do not want to be held accountable by your
saying that had I voted for this, it would not have gone wrong, so because I
hold you responsible, I have to give you what you need to work with. I'll
vote with this.
Mr. Foeman: Continuing roll call, Mr. De Yurre.
Mr. De Yurre: Does this mention that it's going to be for one year? That
next year you'll be able to do this yourselves?
Mr. Plummer: No, five months.
Mr. Dawkins: No, five months.
Mr. De Yurre: OK, well, I mean like only during this fiscal year.
Mayor Suarez: Yes, it won't be a recurring...
Ms. Goicoechea: No, the last time the City went out to bid was 1976, I
believe. So, going out to bid is not something that is an annual or recurring
basis. We're going out to bid primarily to bring in a new program that,
hopefully, will save us some money.
Mr. Plummer: That's almost right. The reason you're going out to bid is
because the police or the fire, went broke and now we've got to assume them
back into the City's mainstream.
Mr. Odio: Fire, not...
Mr. Plummer: Fire, that's what I said. Fire.
Mayor Suarez: Fire, fire.
Mr. Odio: Oh.
Mr. Plummer: You're half right.
Mr. De Yurre: OK, I have this same concerns that Rosario and Miller have.
I'd like to see things done in house, but, you know, based upon Cesar's
recommendation, I'll go along with it also. Yes.
Mayor Suarez: One time yes. Just don't come back with anything like this in
the future. Learn from them and do it yourself.
124 November 3, 1988
+r +
41. DISCUSSION AND WITHDRAWAL OF PROPOSED PRELIMINARY ASSESSMENT OF IMPACT
OF THE TAX REFORM ACT OF 1986 ON THE CITY'S GROUP BENEFITS PLAN.
Mayor Suarez: Item fifty-nine.
u Mr. Odio: This is a three month agreement and this is to r with the Wyatt
Company to conduct a preliminary assessment of the impact of the non-
discrimination requirements of the tax reform act of 1986 on the City's group
benefit plans.
Mr. Dawkins: Who is the Wyatt Company, sir? Are they local?
Mr. Odio: Are they here?
I
Ms. Goicoechea: Yes, sir, they are.
IMr. Dawkins: Who? Located where and address.
Ms. Goicoechea: They're located in Miami off of Kendall Drive.
Mr. Dawkins: That is not Miami.
Ms. Goicoechea: Metro.
Mr. Dawkins: And why is it necessary to pay them $4,000 per month to do this?
Mr. Odio: For three months. Yes, sir.
Mr. Dawkins: Well, three times four is twelve.
Mr. Odio: Yes, sir.
Mr. Dawkins: Divide twelve....
Mayor Suarez: You got it.
Mr. Dawkins: ... divide three into twelve, you get four.
Mr. Odio: No, you're right, it's twelve thou...
Mayor Suarez: You got it, you got it, you guys.
Mr. Odio: No, it's $12,000.
Mr. Dawkins: Beg pardon?
Mr. Odio: It is $12,000.
Mayor Suarez: He was right, $4,000 a month. Why is it necessary?
Mr. Plummer: Boy, it's nice to sit with geniuses.
Ms. Goicoechea: Twelve thousand is the maximum, $8,000 is the minimum. If
you'd like just a little overview on the tax reform act of 1986, it has a
profound impact.
Mr. Dawkins: No, ma'am, all I need - no, ma'am, no, ma'am. All I need from
you is to tell me why it's necessary to pay $4,000 per month to get the
desired results? I do not need the history on them or what they did or why
they did it.
Mayor Suarez: We don't have anyone in the City Attorney's office that can do
this?
Mr. Jorge Fernandez: No, we don't.
Mrs. Kennedy: What is the matter here? It's not clear how the federal
government is going to tax our benefits. So this will be like to make an
assessment of the impact that this will have or...
125 November 3, 1988
Mr. Dawkins: You know, l Mean...
Mrs. Kennedy: ... what are we approving in...
Ms. Goicoechea: Section 89 specifically addresses benefits in a
discriminatory fashion and what it is, is the federal government is looking
for a new source of revenue and in doing so, they're saying, you, Mr.
Employer, should you have different benefit packages and then upon testing
which there are six complicated tests, if you were deemed to be discriminatory
you then have a taxability problem and that's on those individuals who are
within that group of better benefits, for lack of a better word.
Mayor Suarez: Sounds like a good one for Holland and Knight to me.
Mr. Dawkins: Mr. Manager, we have Holland Knight as our lobbyist. We have a
lobbyist firm in Washington who should have somebody on their staff who can do
this. We also should be able to tap the ABA, American Bar Association, who
has retired lawyers who would be glad to donate. And I just feel that some
kind of way we could get this done, sir.
Mr. Odio: Commissioner, I...
Mr. Dawkins: And the League of Cities...
Mr. Odio: I'll withdraw this item and I'll look into that one with the Law
Department and see where the...
Mr. Dawkins: OK, thank you.
Mayor Suarez: I have a feeling that there's probably some very good pamphlet
out there already cranked out by a CPA firm or attorneys or a bar association
or some other groups; mayors conference, I don't know if you checked with the
mayors conference. We pay our membership dues to the mayors conference.
Mr. Dawkins: We ought to get something in return, Mr. Mayor.
------------------------------------------------------------------------------
42. LANDSCAPING OF 8-395 RAMP EXITS AT N.E. 12 AVENUE AND BISCAYNE: hold in
abeyance monies pledged for further study
Mayor Suarez: Item 60. Landscaping and beautification of I-95 off ramps at
N.E. 12th Street and Biscayne Boulevard.
Mr. Elbert Waters: Yes, Mr. Mayor, members of the Commission, Elbert Waters,
_ Planning Department. The administration is respectfully requesting the City
Manager be authorized to release funds to the Department of Off -Street Parking
for the landscaping and beautification of I-395 off -ramps at N.E. 12th Street
and Biscayne Boulevard.
Mr. Plummer: We're supposed to give the money to them?
s�
' Mrs. Kennedy: No, no, no, we have the money. It's for the Keep Dade
Beautiful...
Mr. Dawkins: Mr. Manager...
Mrs. Kennedy: ... and to use the money...
Mr. Dawkins: Mr. Manager.
Mr. Odio: Yes, sir.
Mr. Dawkins: It says, working with representatives of Keep Dade Beautiful and
the Greater Miami Chamber of Commerce to implement the beautification of the
I-95 off ramps.
Mr. Odio: Yes, sir.
126 November 3, 1988
2
#I
Mr. bawkinb: Hove much money is Help Keep bade Beautiful contributing to this
total tobtl
Mr. Odio: I don't know, Commissioner, toll have to find out.
Mr. Dawkins: Zero.
Mr. Odio: I believe it's...
Mr. Dawkins: OK, well ask them how much?
Mr. Waters: Keep Dade Beautiful is preparing the preliminary landscaping...
Mr. Dawkins: How much cash money are they contributing? Cash money?
Mr. Waters: Nothing. Gratis. Nothing.
Mr. Dawkins: Gratis. How much cash money is the Miami Chamber of Commerce
contributing?
Mr. Waters: Gratis.
Mr. Dawkins: You see, everybody comes down here and tells the City of Miami
you ought to do this to make this City beautiful. We sit up here, take the
taxpayers money and do it and the Chamber gets credit for it and Keep Miami -
Dade Beautiful gets credit for it and they don't put no money. I got planners
to tell me how to do this.
Mr. Waters: The money is being offered, Commissioner Dawkins...
Mr. Dawkins: Whose money is it?
Mr. Plummer: It's ours.
Mr. Dawkins: All right, whose money is it?
Mrs. Kennedy: But the Miami Herald gave it to us.
Mr. Plummer: No, no, no, no, no. It's our money.
Mr. Odio: Well, it's our money that came from the Herald. Yes.
Mr. Dawkins: OK, it's our money.
Mr. Plummer: No, no, no, forget about the Miami Herald. It's our money.
Mr. Dawkins: It's our money.
Mr. Odio: I agree, OK. Yes.
Mr. Dawkins: OK? It's our money.
Mr. Odio: Yes, sir. Yes, sir.
Mr. Plummer: Why, in God's name, would we take our money to beautify a state
exit ramp? Why in the hell doesn't the state do it?
Mr. Odio: You're right.
Ms. Ana Maria Monteflores: Burt.
Mr. Odio: You're right.
Mr. Plummer: Let's take this $100,000 and feed some hungry people.
Ms. Monteflores: Mr. Commissioner.
Mr. Plummer: Not you, John. We help the needy, not the greedy.
Mr. Odio: Wait, let me find out. Commissioner, because I think the money
might be restricted.
127 November 3, 1988
Ms. M6fttefl6re9: It is.
Mr. Plummer: What do you mean, it's reStrittedl
Mr. Dawkins: It may be restricted but it didn't say it was restricted only to
doing the ramp.
Ms. Monteflores: Yes, it is.
Mr. Sergio Rodriguez: No.
Mr. Odio: No.
Mr. Dawkins: This money would...
Mr. Odio: No, it isn't.
Mr. Dawkins: This money was given to the City of Miami to provide an under
path between the Miami Herald building...
Mr. Plummer: Over pass.
Mr. Rodriguez: Over pass....
Mr. Plummer: Overpass.
Mr. Dawkins: The Miami Herald building and Bicentennial Park. It didn't say
nothing about beautifying a ramp when they gave it to us.
Mr. Rodriguez: Right.
Mr. Plummer: As I recall, if the money was not used for that, the money then
became part of general fund.
Mr. Rodriguez: No.
Mr. Odio: No.
Ms. Monteflores: No.
Mr. Rodriguez: You're wrong.
Mr. Plummer: It was restricted to what?
Mr. Rodriguez: To have an overpass, pedestrian bridge between...
Mr. Plummer: If not, then what?
Mr. Rodriguez: Parks in the general area or landscaping...
Mr. Plummer: Well, an exit off of a state expressway is not a park.
Mr. Rodriguez: No.
Mr. Odio: Commissioner, you don't have to approve this. If you don't want
this, fine, we won't do it.
Mr. Plummer: Tell state to do it. Sure, the Miami Herald would love to have
that exit ramp off of their exit to their building beautified. Let them do it
as a good will project.
Mrs. Kennedy: Well, I think that we should hear from Keep Dade Beautiful
before we start doing something with the money...
Mr. Plummer: Well, first of all...
Mrs. Kennedy: There might be restrictions and I think that we should....
Mr. Plummer: Excuse me, first of all, if it's restricted to a park, an exit
ramp does not qualify as a park.
Mr. Dawkins: Hold it, and that park is not Bayfront Park.
128 November 3, 1988
Mr. Plumber: No, no, no, no.
Mr. Dawkins: If it's restricted to a park, it's not restricted to Bayfront
Park.
Mr. Plummer: An exit ramp is not a park.
Mrs. Kennedy: No, no, no.
Mr. Dawkins: All right, OK, all righty.
Mr. Plummer: So let's talk about something else.
Mayor Suarez: Presumably it would be parks in the vicinity which I don't
think Bayfront Park would be there, but Pace Park is right back there and it
needs all kinds of support.
Mr. Rodriguez: These would qualify under the definition of the general park
area, if you want to do it.
Mr. Plummer: Sergio, let me tell you something.
Mr. Rodriguez: If you want to do it.
Mr. Plummer: I got a problem with this process. All right? These are monies
that are up to this Commission to spend and before we ever know about it, you
come here, not you personally, you the administration coming here telling us
what we should do. This is bass ackwards. We should be telling you,
administration, you tell me I've got $81,000 and here's the restrictions and
this Commission instructs you what to do. We're now put in a position where
we've got to accept and we don't know a damn thing about it.
Mr. Rodriguez: You don't have to accept it.
Mr. Plummer: Oh, but we're going to be in tomorrow morning's paper because we
denied the Miami Herald the beautiful exit off of their thing to use their
money.
Mr. Rodriguez: The exit...
Mr. Plummer: This system is bass ackwards.
Ms. Monteflores: Mr. Commissioner. If I may, I may have some things to say
right that...
Mayor Suarez: Let's hear from Keep Dade Beautiful and give us the name and...
Ms. Monteflores: My name is Ana Maria Monteflores, I'm the executive director
of Keep Dade Beautiful. Keep Dade Beautiful is only here to explain what the
situation is. If we can facilitate in the explanation, that's what my role
here is today. In 1983, the Miami Herald gave $100,000 for, as was explained,
the overpass or, if not, for beautification of the area in beauti...
Mr. Plummer: He said a park, excuse me.
Ms. Monteflores: ... beautification and the phrase used in the letter, I
think, is park like areas. I don't think, I'm sure that's what it says.
Mr. Plummer: And let me stop you, please. Let's get the record very clear.
They didn't, out of the goodness of their heart...
Ms. Monteflores: No, sir.
Mr. Plummer: ... give $100,000. They got a special exception to the law to
put a sixth floor on their building.
Ms. Monteflores: Yes.
Mr. Plummer: And because of that, in the generosity they wanted to do
something nice for the community fully knowing that $100,000 would never put a
ramp over the I-95. Let's tell the truth.
129 November 3, 1988
e
Ms. Monteflores: OK, the money has since been sitting and growing interest.
There is now over $117,000 there. It was thought by the City that the
program, that the project was going to cost between $130,000-$150,000 to
finish. Keep Dade Beautiful unraveled this - this has been going on since
1983, by the way, and we have found out that the project will cost between
seventy and eighty-one thousand dollars, no more than that. The project, what
is being proposed, is to landscape the area. As you know, Off Street Parking
has a very good track record in providing these services in the upkeep and
maintenance and right now, that is an entrance which is important to Miami.
It is the entrance to the ports, it is the entrance to the Arena, it is a site
that is only making Miami ugly. This is not Dade County, this is Miami and
what's it's doing, this is where the window washers are attacking you when you
stop there for the red light. It is an ugly site in the City of Miami. The
money is there...
Mr. Plummer: Put it in a park. That's my - hey...
Ms. Monteflores: It is not so designated, sir, it is designated...
Mrs. Kennedy: What are the restrictions?
Ms. Monteflores: That is be used for beautification of that particular
geographic area.
Mr. Plummer: No, no, no, that's not what I just read.
Mr. Dawkins: No, ma'am, I beg to differ with you.
Mr. Plummer: That's not what I just read.
Mr. Rodriguez: It says, it shall be utilized by the City for creating or
improving pedestrian access, park or recreation facilities in the general
area.
Ms. Monteflores: The general area.
Mr. Plummer: General area. General area.
Mr. Dawkins: General area. We could make it as general as we desire.
Ms. Monteflores: Please understand that I have no - my organization has no
particular interest in this.
Mr. Dawkins: Oh, no, and we have no bone to pick with you, OK?
Ms. Monteflores: OK. And you ask what keep...
Mr. Dawkins: I mean, but I don't want - I'm not angry with you, I don't want
you angry with me. OK? Because we're going to both buy the Miami Herald in
the morning because that's all we got to read.
Ms. Monteflores: That's all we got, OK. You asked what Keep Dade Beautiful
had contributed. We have contributed the landscaping plans which I think have
been estimated in the cost of $6,000. That's what we have contributed.
Mr. Dawkins: My concern is...
Ms. Monteflores: We're trying to do something with the money that is already
there.
Mr. Dawkins: The Chamber of Commerce, the Greater Chamber, is always here
telling us what we should do but they never come with no dollars.
Ms. Monteflores: But, sir, the money is there in excess...
Mr. Dawkins: And we're going to keep it there.
Ms. Monteflores: In excess, the money...
Mr. Dawkins: We are going to keep it there until we put it in a park.
130 November 3, 1988
Mrs. Kennedy: Is there a time frame?
Mr. Dawkins: Wait, let me rephrase that. This is one vote, see, because it's
got five votes up here. But let me make myself clear. This is one vote to
keep it there until we put it in a park.
Ms. Monteflores: I would have no objection with that. If we could come up
with a...
Mr. Dawkins: No, I don't want you to tell me what park. OK?
Ms. Monteflores: No, I don't mean you. I mean if...
Mr. Dawkins: I don't need no advice from nobody about what park. OK? I will
decide what park I'm going to vote for. And I'm not, me personally, I'm not
voting to put any money in a ramp that the state of Florida already tax me for
me to make beautiful.
Ms. Monteflores: I can understand.
Mr. Dawkins: That's just one vote.
Mrs. Kennedy: Is there a time limit?
Ms. Monteflores: I beg your pardon?
Mrs. Kennedy: Is there any time limit?
Ms. Monteflores: I don't think there is, that's why it's been sitting there
and growing interest.
Mayor Suarez: I gather the problem with applying to the state is that they
probably don't have money for quote, unquote, beautification of under - of
ramps from expressways. They'll kind of do the basics, but that's about it.
They're not going to beautify them and make them look nice like Jack does with
his Off Street Parking projects. Sometimes I wonder if they make any money,
Jack, but they do look nice, you know, those parking lots you build all over
the expressways; under the expressways.
Mr. Plummer: He's using our money, why not?
Mayor Suarez: Yes. You've got good landscapers, I've always said that.
Mr. Plummer: You're using our taxpayers money, why not? I mean, hell, I can
do it, give me the money, I'll make it look good too.
Mr. Dawkins: Do what now?
Mayor Suarez: No, I'm just saying that I don't know if we can get DOT...
Mr. Plummer: Pay me $100,000, executive director, I'll make it all look good.
Mayor Suarez: ... Department of Transportation because I don't think they'd
do this kind of stuff with their money.
Mr. Dawkins: You know, why...
Mayor Suarez: It might be interesting to try to get money from the Department
of Transportation in that it seems like they always want to use it for
highways that we don't want. Not always, but sometimes.
Mr. Dawkins: Who's responsible for cutting the grass on the highway the
byways and the ramps leading to the federal roads?
Mr. Plummer: No, no.
Ms. Monteflores: The state.
Mr. Dawkins: Who's responsible for that?
Mr. Plummer: It's a combination.
131 November 3, 1988
Ms. Monteflores: Florida DOT.
Mr. Plummer: No, no federal road?
Mr. Dawkins: Beg your pardon?
Mr. Jack Mulvena: Well no, it's a state - if it's a state road, it is the
state...
Mr. Dawkins: The who? The who?
Mr. Odio: The federal government pays the state. The DOT.
Mr. Dawkins: The City?
Mr. Mulvena: The Department of Off Street...
Ms. Monteflores: Florida DOT.
Mr. Mulvena: No, the Department of Transportation, state.
Mr. Dawkins: No, no, no, no, no. Who is responsible for - all right...
Mr. Odio: Department of Transportation, the state.
Mr. Dawkins: Hold it...
Mayor Suarez: State, state.
Mr. Dawkins: All right, who do I - when I'm riding down 95, the interstate,
Palmetto expressway and I see those big tractors that's got DOT on them, who's
responsible for that?
Mr. Plummer: That's state. That's state.
Mr. Odio: Department of the state, the state de...
Mr. Dawkins: So now, how you going to tell me now they are not responsible
for the ramp leading up to this?
Mr. Odio: They are.
Mr. Plummer: They are. They should be.
Mr. Odio: They are.
Mr. Dawkins: All right, then, so why can't they beautify it?
Mr. Odio: Because they claim always that they don't have any money for this
beautification and the maintenance of...
Mayor Suarez: They will only cut the lawn, I mean, the grass and the - that's
it.
Mr. Dawkins: But, if they cut the lawn often enough it will be beautiful.
Mayor Suarez: It won't beautify it.
Mr. Dawkins: It will be pretty if you cut it. It will not be pretty if you
don't.
Mr. Plummer: OK, but wait a minute. In defense of the dirty devils, for the
last three to six months, they have had street sweepers on I-95 every night.
Now, they leave all the dirt around the 7-11 at 17th and Dixie but....
Mr. Dawkins: That doesn't cut the... that does not cut the grass, that does
not cut the grass at the entrance ramp.
Mr. Plummer: All right, let me ask a question that we haven't addressed. You
know, the City Commission, at the time and I was here at the time, we really
didn't want the money. We wanted the ramp to connect and make the waterfront
passage for the open to the public and one of the other things negotiated in
132 November 3, 1988
that package was the walkway in front of the Miami Herald building because
they screamed and hollered about that's how they take their paper off the
barge. I've not heard a word about what is the posture of getting that ramp
over the top. That was the primary purpose. We were not looking for the
money.
Mr. Rodriguez: Part of the problem has been that for a long time there has
been discussion about that bridge and the expense of the bridge when it is
rebuilt, the bridge will go on MacArthur Causeway and because of the - do you
remember, also, the discussion of the tunnel coming from the port into that,
it has an effect on the overpass because until that is resolved, there is no
reason to have an overpass over that area.
Mr. Plummer: Pedestrian only.
Mr. Rodriguez: Pedestrian only, right, but if you don't have the
configuration of the right-of-way and it has been changed...
Mr. Dawkins: But, you see...
Mr. Plummer: Well, tell me what you have done in the last six months to
address what this Commission really was trying to do and that was to connect a
pedestrian access to both sides of the 395.
Mr. Rodriguez: There has been nothing because the plans for the bridge had
not come to any fruition and...
Mr. Plummer: Then I say that we touch this money none at this time, holding
that money in abeyance to hopefully the day can come - remember that the
taking of that money was only as an alternative if it could never be done.
Now, if you go and spend part of this money, you know and I know f rom 183 to
now, the inflation, what we considered a hundred thousand dollars cannot be a
hundred thousand today.
Mr. Rodriguez: Yes, but I also wanted to remind you that when the money was
given to the City in that covenant, it was with a condition that after three
years, after three years and the time has already expired, it could be used
for what I mentioned before.
Mr. Plummer: Yes, but still I - and I'm only speaking for one...
Mr. Rodriguez: I understand what you're saying.
Mr. Plummer: I still think the most important factor that we tried to
accomplish then is still the same today and that was to make a pedestrian
accessibility to both sides of that expressway and that was the only way it
could be done. And until that comes back as a definite no, I don't think any _
of that money should be spent personally. I'm giving you my opinion.
Mayor Suarez: Now, the final question before we try to figure out what, if
anything, we're going to do with this and I gather there may be a consensus
that we shouldn't do this particular project, is does the Miami Herald or who
ever, have some say eventually when we come up with...
Mr. Odio: Yes, they do. Yes.
Mr. Plummer: Except for the pedestrian bridge.
Mr. Odio: Yes, they do.
Mr. Plummer: If that is a go, they do not have any say in that.
Mayor Suarez: That we could do our...
Mr. Odio: They have to release any expenditures that we want, they have to
approve them.
Mayor Suarez: OK. What's the Commission's pleasure?
Mr. Plummer: Mr. Mayor, I would make a motion at this time that that money be
held intact until such time as the determination is made that there is
absolutely no way that that pedestrian bridge can be put across and then we'll
133 November 3, 1988
diaeuss what to do with the money at that time. I would so Bove, i think
that's very important that we keep that option open.
Mayor Suarez: OK, so moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Do you want to put a time limit on that?
Mr. Plummer: Well...
Mrs. Kennedy: Yes, I'd like to see a time limit.
Mr. Dawkins: Why, we haven't been in a hurry in three years, I don't know why
we got to get in a hurry now. I mean, you know, all of a sudden now...
Mrs. Kennedy: Well, we have the money there to fix up our City.
Mr. Dawkins: ... all of a sudden now that you're downtown with what the Miami
Herald wants, you're in a hurry.
Mr. Plummer: My only fear is that every day that goes by, more percentage
inflation factor is going to be built into it.
Mrs. Kennedy: Who asked you?
Mr. Plummer: Oh, if Joe Carollo was only back, we'd all be awake by now.
Mayor Suarez: We have a motion and a second. Please don't bring that whole
concept up. Anything further on this issue? Call the roll.
Mrs. Kennedy: Don't get goose bumps.
Mayor Suarez: Strike it from the record.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-1052
A MOTION TO RETAIN MONEY IN THE AMOUNT OF $100,000
PREVIOUSLY PROFFERED BY THE MIAMI HERALD TO THE CITY
OF MIAMI CONSISTENT WITH ITS ORIGINAL INTENT TO BE
USED TOWARD THE COST OF CONSTRUCTING A PUBLIC
CONNECTING WALKWAY BETWEEN THE MIAMI HERALD BAYWALK
AND BICENTENNIAL PARK UNTIL THERE IS A DETERMINATION
MADE THAT THERE IS ABSOLUTELY NO WAY THAT SAID
PEDESTRIAN WALKWAY CAN BE CONSTRUCTED; ONCE SAID
DETERMINATION IS MADE, THEN THIS ISSUE SHALL COME BACK
BEFORE THE CITY COMMISSION FOR CONSIDERATION OF WHAT
TO DO WITH THE AFOREMENTIONED MONEY.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
134 November 3, 1988
43. DISCUSSION CONCERNING THE NEW CITY ADMINISTRATION BUILDING: possible
purchase of Dupont Building.
Mr. Plummer: Mr. Manager, can I ask you at this time and I'm going to ask you
every Commission meeting, what is the posture of the City's negotiation with
the Alfred I. Dupont Building? Have we bought it yet?
Mr. Dawkins: Why should we buy it?
Mr. Plummer: Why should we?
Mr. Dawkins: Yes.
Mr. Plummer: Instead of going and putting a cockamammy City Hail building
downtown, we have one instantly built.
Mr. Dawkins: OK, Mr. Manager...
Mr. Plummer: One of the finest structures in the world.
Mr. Dawkins: Mr. Manager, you are authorized to find out how to use the
Dupont building, is that correct?
Mayor Suarez: No quite...
Mr. Plummer: No.
Mr. Odio: No, we were...
Mr. Dawkins: OK, what is J.L. asking about?
Mayor Suarez: Yes, he's making it sound like it.
Mr. Odio: The instructions were to look at the feasibility of the purchase of
the building. I have...
Mr. Dawkins: All right, also I want you to get me somebody to do me a study
telling me why it's necessary and how good it is to have a new building. You
see, you put me in a hard position when you come back with a consultant who
says that the Alfred Dupont building is the best thing since high -buttoned
shoes and I don't have anything to argue with. So now, if you're going to
provide somebody to come back and tell me that the Alfred Dupont building is
the best, I also want you to be as kind to me and provide me with somebody who
says, Miller, if we build a new City Hall, these are the advantages and the
disadvantages.
Mr. Odio: Well, why don't we do this...
Mayor Suarez: And before you do any of that, the two simple, most important
things we need to know, Mr. Manager, are how much square footage are we now
renting for facilities and how much is it costing us? I've heard all kinds of
figures on that. Please get that to us as soon as possible before we even
contemplate talking to anybody.
Mr. Plummer: And let me also clarify the record which was a question raised
at the last Commission meeting and I made inquiry. Was the price that was
quoted, even though that's an opening price, did it include the 400 parking
spaces and the answer is yes.
Mr. Dawkins: As the Mayor said, also provide for me the total number of
square feet that will be left outside the Dupont building and we'll still be
leasing space from as added expense, OK?
Mr. Odio: Yes.
Mr. Dawkins: If the Dupont will not hold every single entity that you have,
then you're not helping me.
135 November 3, 1988
0 O
Mr. Odio: We were told in the last Commission meeting that we were to bring
something back November l?th or December...
Mr. Rodriguez: Fifteen.
Mr. Odio: ... fifteen on this Alfred Dupont building. What you want,
Commissioner Dawkins, is a comparison of the feasibility of a new building
versus the Dupont building. We need more time than that.
Mr. Dawkins: OK, well... I know you do.
Mr. Odio: Well, we were instructed to bring it back so we need more time.
Mr. Dawkins: Well then, if you're going to... I'm a Commissioner too, OK?
Mr. Odio: Yes, sir.
Mr. Dawkins: Now, if you're going to meet one Commissioner's request to come
back on the 15th, then you meet two of them. If you can't meet two of them,
then you say to the other one, I can't meet yours and Dawkins, so I can't get
back on the 15th.
Mr. Odio: Well, what I'm asking the Commission to give us more time make an
actual total feasibility and comparison between one and the other.
Mr. Plummer: Have nothing, you've already had three months. You've already
had three months. Now, what I'm saying to you, let me ask this question on
the record. How many meetings have you had with the owners who proffered the
letter?
Mr. Odio: I have personally meeting with Bob Traurig and Lucia Dougherty who
came...
Mr. Dawkins: They don't own the building.
Mr. Odio: Yes, sir, they came in here...
Mr. Plummer: They're representing the owners.
Mr. Odio: ... representing the owners.
Mr. Dawkins: Oh, hold it, hold it, hold it right now. Hold it, hold it, hold
it.
Mr. Odio: He asked me a question, I'm trying...
Mr. Dawkins: Hold it, yes, you see, here we have individuals coming in and
offering to do something. See, you put me at a disadvantage - no, I would
like for this Commission to give me the courtesy of holding off till I find
two people in the same category as Bob Traurig to tell about how good my
project is. You see, you put - here's a man whose forte is doing nothing but
what you asking him to do. And he's going to come in and show you all the
good things about - and I have nothing to go for. So, if you're going to be
fair to me, you give me somebody of the same quality as Bob Traurig to sell
you on the idea of the new building. I mean, let's be fair now.
Mr. Plummer: All right, let me, once again, Mr. Manager, I'd like an answer
to my question.
Mr. Odio: The answer is that I had the initial meeting with them. They came
in here representing how good a deal this building could be for the City. I
told them that I had a lot of questions including - my reservation was that
the tax roll...
Mr. Plummer: My question was simple, how many meetings have you had with
them?
-- Mr. Odio: Have you had any other meetings with them after I was... that means
we have had two meetings with them.
Mr. Plummer: And how long...
136 November 3, 1988
I
Mr. Odio: We agree that law office would be working with Al Armada in
preparing a feasibility as soon as possible on the purchase of that building.
Mr. Plummer: OK, I have no qualm with what Commissioner Dawkins is asking. 2
concur with him. We need something to compare.
Mr. Odio: That's right.
Mr. Plummer: But I'm asking is, as you know when I asked at the budget
hearings you told me, oh, forget it, the building is sold.
Mr. Odio: They told me that at that time. _
Mr. Plummer: And I accept that.
Mrs. Kennedy: There was a contract being negotiated at that time, that is
correct.
Mr. Odio: They had a contract negotiated.
Mr. Plummer: All right, now, you know, if - game plan around here is, is to
procrastinate...
Mr. Odio: No, it isn't.
Mr. Plummer: ... and the building will be sold, then there'll be nothing to
measure against. All I'm asking is, can you comply with what Commissioner
Dawkins reasonably asked and come back to this Commission before the 15th of
December? That's all I'm asking. It's been three months now.
Mr. Odio: Just one minute.
Mr. Dawkins: Yes, but you see in three months you all didn't tell me that you
went out and got Bob Traurig. You see...
Mr. Plummer: No, sir, I did not go out, the owner...
Mr. Dawkins: Now, now they...
Mr. Plummer: ... the owner went out and got Mr. Traurig, I didn't.
Mr. Dawkins: OK, well then Mr. Traurig...
Mayor Suarez: That's what you get for going...
Mr. Dawkins: OK, all right, then I as the owner of the property where we want
to put this new City Hall, I want to do the same thing.
Mr. Plummer: Nothing wrong with that. Give us something to measure by.
Mayor Suarez: And I, as one member of this Commission, would like to know how
much we're spending right now to lease and how much space we're using and will
be needing. You know, those are very important...
Mr. Plummer: Are you sure you want the answer?
Mayor Suarez: ... simple items that we need before we even get - and I think
the Commissioner's trying to indicate that you shouldn't go very far in these
negotiations with anybody until this Commission has taken a policy decision of
where we want to go. Use existing City land, build a new building, go to an
existing building that may or may not be worth preserving, move or not move
City Hall, what exactly are we moving over there, that's...
Mr. Plummer: who' there at 5:00 o'clock?
Mr. Dawkins: And what will we move into the new building?
Mayor Suarez: Exactly.
Mr. Dawkins: What will you save?
137 November 3, 1988
0 0
Mayor Suarez: Exactly. Parking, how much parking would be needed, I keep
hearing about 400 spaces. I don't know what our needs are.
Mr. Plummer: OK,
Mrs. Kennedy: Is that too much to ask to come back in January?
Mr. Odio: I'll tell you what, I'll try to bring it back December 15th with
A....
Mr. Plummer: Fine.
Mrs. Kennedy: Great.
Mr. Dawkins: If you don't have both of them, don't bring neither one back.
Mr. Odio: Yes, sir, I agree.
Mr. Plummer: That's fine with me.
Mr. Dawkins: OK?
Mr. Plummer: Let's just bring it to a conclusion.
Mr. Dawkins: And you'd better fast track mine because Traurig already got a
full week lead. You all better get me somebody who can fast track this and
bring it in here equal to his.
Mayor Suarez: That's what happens when you go to Budapest.
Mr. Dawkins: You're being nasty.
------------------------------------------------------------------------------
44. VISIONS 2000 COMMITTEE: accept recommendations of Manager and Selection
Committee concerning consultant selection for consultant support for
City
Mayor Suarez: Item 61.
Mr. Dave Whittington: Mr. Mayor, madam Vice Mayor, City Commissioners, for
the record my name is Dave Whittington. I'm a staff member with the City
Planning Department.
Mr. Dawkins: Are you giving a report on the building?
Mr. Whittington: No, sir.
Mayor Suarez: No, no, no, this is the next item.
Mrs. Kennedy: No, this is item 61.
Mr. Dawkins: Oh, what item is this?
Mr. Whittington: The Mayor asked for item 61, I'm sorry.
Mayor Suarez: Sixty-one, sixty-one, go ahead, Dave. We're not going to buy
your building, whatever you want. Go ahead.
Mr. Plummer: Just for the record, Annette Eisenberg called my office
complaining bitterly about this project that she said that one of the
consultants is not qualified and that she's asking for it to be deferred and
put off and rebid. For the record, I told her I would put it on the record so
go from there.
Mrs. Kennedy: For the record, she called my office too and I said that I
would do the same.
Mr. Plummer: Well, I didn't say I would. She requested it of my office.
138 November 3, 1988
0 0
Mrs. kthhedy: yes, she : yes.
Mr. Plummer: OK.
Mr. Whittington: Let toe respond to this in...
Mayor Suarez: For the record, she knows my phone number too. Go ahead.
Mr. Whittington: ... in this manner. I'm also...
Mr. Plummer: Yes, but you never answer your phone.
Mayor Suarez: I didn't say. I just said she knows my phone number. Go
ahead.
Mr. Whittington: I'm also representing informally the chairperson, Dr. Castel
Bryant, and she would like to proceed with this item in the best interests of
the committee today and that is her feeling and she told me that yesterday for
this meeting. The Planning Department is requesting on behalf of the Visions
2000 committee to accept the recommendations of that committee for
professional services for the preparation of the Visions 2000 project.
Mr. Dawkins: Bring me item 61, a copy of item 61.
Mr. Whittington: We would like the Commission to approve the names of the
most qualified providers in rank order and authorize the City Manager to enter
contract negotiations. We...
Mayor Suarez: What's the amount of this?
Mr. Plummer: Forty.
Mr. Whittington: This is a $40,000 maximum fee...
Mayor Suarez: We got money from the state for this?
Mr. Whittington: This is from a state grant that we have now.
Mayor Suarez: Supposing we found that we could do this in house. Could we
apply the money to our own Planning Department's budget?
Mr. Whittington: That is a possibility. The committee...
Mayor Suarez: I mean, we're not precluded by the state grant from doing that.
Mr. Whittington: Not by the state grant. The committee decided that in their
best interests, they would like to have a consultant handle this and they have
proceeded on that assumption for the past three months.
Mayor Suarez: You mean our own selection committee?
Mr. Whittington: Our Visions 2000 committee that was nominated by the City
Commissioners.
Mayor Suarez: Oh, OK.
Mr. Plummer: She's a member of the committee.
Mrs. Kennedy: No.
Mr. Plummer: Annette Eisenberg.
Mrs. Kennedy: Yes, she is. She's a member of the committee but she was not
present, is that correct?
Mr. Dawkins: She was present.
Mr. Whittington: There are members of the committee who were nominated by the
Commission, there are members of the committee who were not nominated.
Mayor Suarez: Well, we're trying to establish if Annette Eisenberg was on the
committee.
139 November 3, 1988
Mr. Plummer: No, no, the point I'm making is, she called my office wanting to
get it deferred and I find out now when 1 read here, she was a member of the
evaluation committee.
Mayor Suarez: Yea, maybe she dissented from the recommendation or she wasn't
there.
Mrs. Kennedy: She was not there.
Mr. Whittington: She was present.
Mrs. Kennedy: She was?
Mr. Whittington: Yes.
Mr. Dawkins: She was present.
Mr. Whittington: Yes.
Mr. Dawkins: Yes, I know she was.
Mr. Plummer: Something's missing here. I don't know what it is. Go ahead.
Mrs. Kennedy: Wait a second, I'm confused now. My understanding is that she
wanted this deferred because she was not present, if she was present, what is
the problem?
Mayor Suarez: Who's the chairperson of the committee?
Mr. Whittington: The chairperson of the committee is Dr. Castel Bryant. She
has no problem and would like to see the Commission go forward with this.
Mr. Plummer: Where is she from?
Mr. Whittington: She's the Dean of Student...
Mayor Suarez: Did I interrupt something?
Mr. Dawkins: Miami -Dade Community College.
Mrs. Kennedy: No, he never answered.
Mr. Whittington: Dead of Students at Miami -Dade Community College, New World
Campus.
Mr. De Yurre: Was Annette supposed to be here for this item now or what?
Mr. Whittington: No, the chairperson wanted me to present this item and she
felt that was...
Mr. De Yurre: No, Annette Eisenberg. When she called, did she mention that
she was going to come down for this item or not? J. L.?
ss�
s:
Mr. Plummer: She said that she - no, she just wanted it deferred. She didn't
say for what.
Mr. Dawkins: I move that we go with the recommendations of the committee in
that we appointed them. They are citizens who took their time to come up with
this and Annette Eisenberg is angry because the person, and tell her Miller
Dawkins said this, the firm she wanted did not win and now she's upset. She
lost by way of a vote which, I think, didn't you get some legal advice as to
how legal the vote was, sir?
Mr. Plummer: That's the number two firm. What is the number...
Mr. Whittington: Yes, sir, the procedure was gone over by the Law Department
and I went strictly on their advice and I think they can tell you that this
was all handled according to legal procedure.
Mr. Dawkins; Now, before we get... I don't want to get hung up in the one
thing, but I'd like to know, who is FAU and FIU joint center? Who is that?
140 November 3, 1988
Mr. Whittington: They're a team composed of two principals who work with the
FAU, FIU joint center on projects of this nature and they have teamed up with
two individual consultants also.
Mr. Dawkins: And the joint center gets their money from where?
Mr. Whittington: The joint center is funded from the state.
Mr. Dawkins: From the state. And they get paid to do what, sir?
Mr. Whittington: They get paid to do projects that will better the state in
the form of planning and government and public service.
Mr. Dawkins: So now, what they're getting paid for, in my opinion, they want
us to turn around and then pay them to do it again. That's double dipping.
Now, they...
Mr. Whittington: In a way, yes, in a way, no. Their salaries will come out
of their budget, only their expenses would come out of this grant. So we
could handle that so that it could not be viewed as double dipping.
Mr. Dawkins: OK, well I have one recommendation. We had a selection
committee. The selection committee ranked them one and two. I move that we
accept the recommendation of the committee.
Mayor Suarez: So moved.
Mr. Whittington: For the record...
Mayor Suarez: Wait, wait, sir.
Mrs. Kennedy: Let me second that for purposes of discussion and tell you that
the...
Mr. Whittington: May I put on the record what the ranking was, I don't think
we've actually stated...
Mr. Dawkins: OK, the ranking was one was Miss Marilyn Hett and Miss Peggy
Demon. Number two was FAU/FIU joint center. And number three was KRS
Associates.
Mr. Whittington: Yes, that's correct.
Mr. Dawkins: That's the rankings.
Mrs. Kennedy: This committee was formed to guide the City towards the future
in the year 2000. The firm that we choose has to have some kind of expertise
in this knowledge and I presume that they do. Is this correct? Can you give
me some background?
Mr. Whittington: The mission of the consultant is to arrive at a consensus
within the committee. Their charge is to work with the committee so that the
committee can provide the final policy for the Commission. The committee is
entrusted to provide that policy, the consultant is to aid that committee in
obtaining the necessary information, holding the proper types of meetings and
helping to arrive at a consensus and documenting that consensus and packaging
it so that the Commission can use it in the most effective way. The expertise
can either be through the consultants through experts that they bring into the
individuals meetings for the committee. So it's not absolutely necessary that
the consultants have every area of expertise. It's very broad, the areas that
have to be considered include education, employment and the economy, housing,
health care and the elderly, public safety, parks and recreation, and public
facilities and transportation. That's a wide range of areas and the main
thing is for the committee to have the expertise brought to them in one way or
another to arrive at the best policies for the Commission.
Mr. Plummer: Question. The ladies, Mrs. Hett and Mrs. Demon came to see me.
One of those ladies, one of the two of you told me you were with Miami -Dade.
I'm only questioning, not the integrity but the question of the process in
which one of these ladies works for Miami -Dade and the chairperson of that
committee is Miami -Dade. There could be the apprehension of a potential
conflict of interest.
141 November 3, 1988
0 t
know, things that are very concrete and needed in our City and this doesn't
sound to toe like one of the highest priority of all.
Mr. Rodriguez: In a way, help you to comply also further with your
comprehensive plan citizen participation requirement.
Mayor Suarez: With the comprehensive plan process and I see all the planners
nodding their heads. You guys love this kind of stuff. OK. I guess...
Mr. Whittington: I still feel there's a need to explain how the process was
handled in the area of the conflict of interest.
Mr. Plummer: It's fine for a little city in North Florida.
Mayor Suarez: Well, if the Commissioner's want to hear it because it's not
the largest item in the world. The money comes from the state earmarked for
this process. We have a recommendation from a committee that we created and,
you know, we've got other items.
Mr. Plummer: Just for the record, Mr. City Attorney, I asked a question, put
it on the record, the answer please.
Mayor Suarez: What was the answer to that question?
Mr. Fernandez: That there is no conflict in that the ranked number one person
is also an employee of Miami -Dade Community College.
Mr. Plummer: Of which the chairman was the...
Mr. Fernandez: Of which the chairman is also...
Mr. Plummer: ... was also part.
Mr. Fernandez: Right.
Mayor Suarez: I'll second his motion so we can get going with this.
Mrs. Kennedy: I think I had already seconded but I'm not sure.
Mayor Suarez: Oh, OK. That's just as well. Did we have a second on the
motion? Beautiful, OK, any other discussion from the Commission? Call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1053
A RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE CITY
MANAGER AND THE COMPETITIVE SELECTION COMMITTEE
CONCERNING CONSULTANT SELECTION FOR PROVISION OF
CONSULTANT SUPPORT FOR THE CITY OF MIAMI VISIONS 2000
COMMITTEE APPROVING THE NAMES OF THE MOST QUALIFIED
PROVIDERS IN THE FOLLOWING RANK ORDER: 1) MARILYN HETT
AND PEGGY DEMON; 2) FAU/FIU JOINT CENTER; 3) KRS
ASSOCIATES; AUTHORIZING THE CITY MANAGER TO ENTER INTO
CONTRACT NEGOTIATIONS AND FURTHER INSTRUCTING THE CITY
MANAGER TO SUBMIT THE NEGOTIATED CONTRACT TO THE
COMMISSION FOR APPROVAL PRIOR TO EXECUTION THEREOF.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
143 November 3, 1988
AYES: Connissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ASSENT: None.
45. REJECT ALL BIDS IN CONNECTION WITH LOCAL DRAINAGE PROJECT E-57
Mayor Suarez: Item 62. Accepting the bid of M. Vila & Associates, proposed
amount of $990,000, presumably lowest bid.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Are you here on behalf of an opponent or someone
who's going to protest?
Mr. Randy Pierson: I'm here on the behalf of Solo Construction which is the
contractor.
Mayor Suarez: OK, is that one of the bidders or one of the competitors?
Mr. Pierson: We're the bidder that was the low bid on the project and we are
presently being - I guess the Public Works Department has rejected our bid
and...
Mayor Suarez: OK, yes, we're going to need an explanation of that. Why don't
you go ahead and state... I don't know, do we need to hear from Public Works
first? Yes, why don't you go ahead and put into the record. I think the
Managers indicating, Don, that we ought to know why the lowest bid was...
Mr. Don Cather: As it states in the material, there were two bidders. This
dispute arose. Their dispute was turned over to the chief procurement
officer. He reviewed the protest that was formally filed by Solo and they
ruled that - the chief procurement officer ruled that the bid was non-
responsive for several reasons which are detailed in your papers and therefore
the bid was rejected. The protest was dismissed and then authorized the City
Manager to execute a contract and we're now up to you.
Mayor Suarez: Don, in summary fashion, could you tell us why the lowest bid
was thrown out?
Mr. Cather: It wasn't the lowest bid.
Mayor Suarez: Well, so there's an issue of who was, in fact, the lowest
bidder?
Mr. Cather: The award consisted of the fact that the bid of Solo Construction
had no power of attorney for the bond as per for City code. There was no
affidavit as to capital and surplus of the bonding company as per City code.
Mayor Suarez: Had no power of attorney you said? Don, did you say he had no
power of attorney, is that what you said?
Mr. Cather: That's correct. Now the important - really big ones...
Mayor Suarez: No power of attorney?
Mr. Cather: That's right, and then the proposal is unsigned and not sealed as
per requirements on page 3. There are no unit prices written in words, only
lump sum prices.
144 November 3, 1988
Mayor Suarez: Well, what's the significance of a power of attorney? Power of
attorney from whom to whom doing what?
Mr. Cather: There's no power of attorney for the bond as per City code.
Mayor Suarez: Are you saying they had no bond, is that what you're saying?
Mr. Cather: No, I didn't say that, I said there was no power of attorney
which the Law Department requires. The major ones...
Mayor Suarez: Well, that sounds like a, you know, a mechanical or technical
requirement that could be resolved very easily.
Mr. Cather: It is, that is correct. Yes, yes. Now, the proposal was
unsigned and not sealed as per the requirements on page 3 of the bid
specifications. There are no unit prices written in words, only lump sum
prices.
Mayor Suarez: There were no what, I'm sorry?
Mr. Cather: No unit prices written in words, only lump sum prices.
Mayor Suarez: Oh, we need those. That's like a check, I guess, you got to
have them on both.
Mr. Cather: Yes, that's why you ask us to submit in duplicate bids because of
that dispute.
Mayor Suarez: I remember that one, yes.
Mr. Cather: The bid bond does not use the City forms as per the instructions
and the bid proposal was not submitted in duplicate, originals as required by
the advertisement for bids. The most important thing is the proposal was not
signed so that we could not, in the event that it was accepted, we could not
hold them to it.
Mayor Suarez: That's a strange thing. It sounds like an oversight, it
doesn't sound like something, you know, crucial or something. What's you
answer on that?
Mr. Cather: What? Not signing your proposal?
Mayor Suarez: There's been attorneys who have sent in complaints and other
motions that are unsigned and judges are not supposed to accept them but they
do all the time.
Mr. De Yurre: Let me ask you this, my understanding is that in prior
occasions, bids that have had these irregularities have these individuals been
allowed or the companies have been allowed to correct it or they received the
bid even though there have been those irregularities, and I just want to make
sure if that's the case, that this group or this company doesn't get singled
out because of this situation. And I'd like you to address that issue whether
that is a fact or not.
Mr. Cather: That issue is not a factor in that we have not accepted, to the
best of my knowledge, any bids that have been unsigned.
Mr. Dawkins: May I ask a question, please? As long as you have been director
of public works, how many blacks have received contracts of this amount?
Mr. Cather: Oh, Solo just completed one for half of this amount.
Mr. Dawkins: See, hold it, hold it. I'm going to ask the question again, OK,
and all I need is the answer. As long as you have been the director of public
works, how many black contractors have gotten a contract equaling this amount
of money?
Mr. Cather: I don't know and I can be very happy to give that information to
you.
Mr. Dawkins: How much you get paid a year? How much you get paid a year?
145 November 3, 1988
Mayor Suarez: Well, what's the significance of a power of attorney? Power of
attorney from whom to whom doing what?
Mr. Cather: There's no power of attorney for the bond as per City code.
Mayor Suarez: Are you saying they had no bond, is that what you're saying?
Mr. Cather: No, I didn't say that, I said there was no power of attorney
which the Law Department requires. The major ones...
Mayor Suarez: Well, that sounds like a, you know, a mechanical or technical
requirement that could be resolved very easily.
Mr. Cather: It is, that is correct. Yes, yes. Now, the proposal was
unsigned and not sealed as per the requirements on page 3 of the bid
specifications. There are no unit prices written in words, only lump sum
prices.
Mayor Suarez: There were no what, I'm sorry?
Mr. Cather: No unit prices written in words, only lump sum prices.
Mayor Suarez: Oh, we need those. That's like a check, I guess, you got to
have them on both.
Mr. Cather: Yes, that's why you ask us to submit in duplicate bids because of
that dispute.
Mayor Suarez: I remember that one, yes.
Mr. Cather: The bid bond does not use the City forms as per the instructions
and the bid proposal was not submitted in duplicate, originals as required by
the advertisement for bids. The most important thing is the proposal was not
signed so that we could not, in the event that it was accepted, we could not
hold them to it.
Mayor Suarez: That's a strange thing. It sounds like an oversight, it
doesn't sound like something, you know, crucial or something. What's you
answer on that?
Mr. Cather: What? Not signing your proposal?
Mayor Suarez: There's been attorneys who have sent in complaints and other
motions that are unsigned and judges are not supposed to accept them but they
do all the time.
Mr. De Yurre: Let me ask you this, my understanding is that in prior
occasions, bids that have had these irregularities have these individuals been
allowed or the companies have been allowed to correct it or they received the
bid even though there have been those irregularities, and I just want to make
sure if that's the case, that this group or this company doesn't get singled
out because of this situation. And I'd like you to address that issue whether
that is a fact or not.
Mr. Cather: That issue is not a factor in that we have not accepted, to the
best of my knowledge, any bids that have been unsigned.
Mr. Dawkins: May I ask a question, please? As long as you have been director
of public works, how many blacks have received contracts of this amount?
Mr. Cather: Oh, Solo just completed one for half of this amount.
_ Mr. Dawkins: See, hold it, hold it. I'm going to ask the question again, OK,
and all I need is the answer. As long as you have been the director of public
works, how many black contractors have gotten a contract equaling this amount
of money?
Mr. Cather: I don't know and I can be very happy to give that information to
you.
Mr. Dawkins: How much you get paid a year? How much you get paid a year?
145 November 3, 1988
Mr. Ulm About Eighty some thousand.
Mr. Dawkins: And he gets $80,000 a year and he doesn't know if he gave a
contract of this amount of money to a black contractor or not?
Mr. Cather: No, you didn't ask me if 1 gave, you said how many.
Mr. Dawkins: Yes, how many?
Mr. Cather: I don't know how many.
Mr. Dawkins: Well name me two. Give me two amounts that you gave to a black
contractor with this amount of money.
Mr. Cather: Well, the most recent one that I can remember is Solo
Construction for about $475,000.
Mr. Dawkins: Doing what?
Mr. Cather: For drainage work.
Mr. Dawkins: And another one?
Mr. Cather: Alfred Lloyd.
Mr. Dawkins: For how much?
Mr. Cather: I don't remember the amount.
Mayor Suarez. Well, in case anybody wants to know the history. It has not
been a happy history. Nineteen...
Mr. Cather: Well, it's all tabulated, all available. _
Mayor Suarez: Can I speak, please?
Mr. Cather: I'm sorry.
Mayor Suarez: 1982, '83, and 184, the percentage of public works contracts to
black contractors was zero percent.
Mr. Plummer: Well, let me...
Mayor Suarez: Now, it may have improved in 185, 186, '87, and 188, I...
Mr. Plummer: Can I ask a question? My mathematics here tell me that Solo is
not the low bidder. My mathematics, with both items included, which is a
total project, Solo is $3,000 more than M. Vila.
Mr. Cather: That is correct.
Mr. Plummer: So what is the complaint?
Mr. Cather: Well, I don't know what the complaint is.
Mr. Pierson: Well, I'd like to make a note of that.
Mr. Plummer: Well, I - excuse me, I'm quoting what's here on the paper. Your
bid was $978,400, with $15,000 for the survey. OK? M. Vila was $985... wait
- a minute I'm going to put my glasses on - six seventy-five with $10,000 for
the survey work. Yours comes out - Solo comes out at nine, nine, three, point
four, oh, oh. M Vila comes out at 990,675. Now, where is the contention that
Solo is the low bidder?
Mr. Pierson: Oh, yes, that's one of the reasons why we are protesting this
bid because on the previous contract that he just mentioned that we had with
the City of Miami, we had a $5,000 bid for survey and on that particular bid,
there was a much wider bid spread but we were not awarded the survey for that
particular contract. The one he just mentioned at 475 thousand. Now, on this
particular contract, where we have $10,000 for a...
146 November 3, 1988
Mr. Plummer: You got fifteen.
Mr. Pierson: I'm sorry, $15,000 for a survey, we were not - well, in this
particular instance, we were the low bid based on the base contract of what
they did, what the public works department did, they awarded the base bid -
I'm sorry, the survey bid to M. Vila to make them the low bidder. That's one
of the reasons he's stating that Solo Construction was not the low bid on the
project when in all essence we were the low bid on the contract, but when you
use factors just like the survey bid to play with...
Mayor Suarez: OK, let's hold it at that point. Is there any sense, Don, in
which Solo is, in fact, the low bidder? Any component here because I haven't
found any yet? Now Commissioners pointing one in which they...
Mr. Cather: There is no basis upon which he can be the low bidder because his
bid was unresponsive.
Mayor Suarez: Well, some component, just a component.
Mr. Cather: The numbers speak for themselves. In the basic tabulation of the
bids, assuming that all of his extensions were right...
Mayor Suarez: OK, obviously you don't want to answer my question. Maybe
Commissioner Plummer since he has a chart there. Do you have one component in
which they were the lowest bidder?
Mr. Plummer: Yes, items one through 57, their bid of 978 as opposed to the
other bid of 980.
Mayor Suarez: Is that the substance of the - the principle, the meat of the
contract, presumably?
Mr. Plummer: Well, obviously, if it's, you know, it's only...
Mayor Suarez: I would gather that. Do we have any discretion in these
situations to take or were the specifications written so that we could
consider his the lowest bid if we could deem them to be responsive? Now, we
may still deem them to be unresponsive because of the other technical
deficiencies. Or have we specified our situation such that it has to be the
entire package?
Mr. Odio: May I offer something, Mr. Mayor? Maybe we should rebid this
project. Go out for bidding again. If there is a doubt in negating these
people their right, maybe it would be the best thing to do is to advertise and
bid it again and let every...
Mr. Dawkins: If you're wrong, let's go out. But if you're right, then don't
go out. I mean, I'm going on your professional, as usual, I'm going to go
with the recommendation of the Manager. Now, if they go to court, that's our
problem to worry about what's happening. But I just need to know how you got
there.
Stuart Merkin, Esq.: Could I just say something in answer to your question,
Mayor.
Mayor Suarez: Which group do you represent?
Mr. Merkin: I represent M. Vila. My name is Stuart Merkin. I reside at 4450
Lake Road, Miami.
Mayor Suarez: And, Stuart, you've filed with the City.
Mr. Merkin: I filed with the City and I'm... let me just address that one
question.
Mr. Plummer: You filed as a lobbyist?
Mr. Merkin: I filed as a lobbyist. I will take the oath that you talked
about this morning if you want me to on behalf of my client.
Mayor Suarez: It's OK, we haven't imposed it yet.
147 November 3, 1988
Mr. Plummer: Congratulations.
Mr. Merkin: When you're talking about the low bid and that's all I'll address
right now, this minute, you're talking about the low bid overall. The overall
bid for M. Vila is going to be lower than the overall bid for Solo when you
take these two components. That's all there is to it. If you're going to
start breaking it down, there may be some that are higher and some that are
lower but basically you're not going to be able to take the overall bid -
you're going to have to take the overall bid of one or the other or public
works is going to have to go out and do their own survey work and it's
supposed to go to...
Mayor Suarez: You're saying that because that's they way we bid it? That we
didn't ask for components in any way or alternatives, we bid the whole
package.
Mr. Plummer: No, we did. No, we did. Additive bid survey work was item 58
which was a separate item.
Mayor Suarez: So, conceivably, we could have gone with Solo as the lowest bid
in the sense of the amount. Whether they're responsive or not...
Mr. Plummer: Well, the funny part about it is the survey work, neither one of
them were low, M-I-R-I Construction, their survey was $5750.
Mayor Suarez: Yes, but...
Mr. Pierson: And also the survey - I disagree with what he just stated that
the base bid, if you base it on the base bid, Solo was the low bidder. Now,
that's one of the things, one of the problems we have at the meetings we had
with the Public Works Department. They did not acknowledge the fact that Solo
was the low bid and on the previous job, they did not award a survey and now I
see they're...
Mr. Dawkins: You keep referring to the previous bid, walk through it for me,
the previous bid.
Mr. Pierson: OK, the previous bid was Shenandoah storm sewer. I believe the
contract amount was approximately $507,000. Now, I believe on resolution
number - to date the final on that project, I think it's number 22 on today's
agenda, that job was finaled out today, but on that particular project, Solo
was the low bid by a very great amount. I think the second bid was like
eighty thousand or ninety or a hundred thousand dollars more, but even though
that job it went in under budget, the City still did not award survey to Solo
Construction, number one. Number two, they deleted some of the items from the
project itself to make the job smaller so I really don't under...
Mr. Dawkins: Hold it, hold it, that's what I was getting to. Why, Mr.
Manager, did we put out a total bid of 2 X dollars and then when it was
awarded, cut it down to 1 X?
Mr. Plummer: I don't understand that.
Mr. Cather: We have to have a little more explanation of what exactly was cut
out.
Mr. Dawkins: OK, well, now I'm not in construction and I understand clearly
what he's saying. He said he got for 3X dollars, bidded on a job for 3X
dollars. When the bid, the job, was awarded to him, automatically it was
reduced by 1X dollars. Now, I want to know why.
Mr. Cather: Well, I would like to have him tell me exactly what was reduced.
Mr. Dawkins: I don't want him to tell you exactly, that's what I pay you for.
To find out exactly how you reduced it.
Mr. Cather: Well, I'll be happy to tell you that, sir, if you'd like to have
me bring this other contract up before you. This is a contract that's being
finaled out now.
Mr. Dawkins: No, no, no. No, you bring that to the Man... you meet me in the
Manager's office with that, that's what you do with that. Don't you come to
my office with nothing.
148 November 3, 1988
Mr. Cather: t:inet
Mr. Dawkins: You meet toe in the Manager's office and explain that to met
Mr. Cather: Fine and dandy)
Mr. Dawkins: OK? Now go ahead, sir.
Mr. Pierson: OK, on that project, we were not awarded survey and that's 1 do
not under...
Mr. Dawkins: All right, one, you weren't awarded survey. What's another one
you were not awarded, they reduced the amount?
Mr. Pierson: OK, there were two locations in that contract that was not
awarded to Solo Construction. Down...
Mr. Dawkins: Although you bid on the two locations.
Mr. Pierson: Right we bid on the locations, those locations were awarded.
After we started the job, I got word from the Public Works Department that two
locations would be deleted.
Mr. Dawkins: All right, two locations were changed. OK, go ahead, sir.
Mr. Pierson: Not changed, they were deleted from the contract. They were...
Mr. Dawkins: Deleted from the contract.
Mr. Pierson: Right, they were deleted.
Mr. Dawkins: I need to know why and where. Go ahead.
Mr. Pierson: Well, the reasons why are...
Mr. Dawkins: No, no, no. No, no, no. I need to know from him. You go
ahead, sir.
Mr. Pierson: Now, as far as that job is concerned, that job is completed now.
You wanted more information about that job?
Mr. Dawkins: I'll get it from them, go ahead.
Mr. Pierson: So, right now, we're more or less concerned about the fact that
if we bid this job here, this second project and were not award the job, we're
not even given consideration of being low bid on the job. The consideration
is given to someone else who is hired because the Public Works Department, in
my eyes, want to make them the low bid on the project, so that's what we're
concerned about is the inconsistency that the Public Works Department is
showing when it comes to close bids.
Mr. Odio: Mr. Mayor, let me proffer again the - I'd like to go out for bids
again on this project.
Mr. Dawkins: OK, I mean you're the Manager.
Mr. Odio: I want to do that.
Mr. Dawkins: I'll follow your recomm... if you say you're going to give it
to him, I'm going to follow your recommendation.
Mrs. Kennedy: Second.
Mr. Odio: I have enough legal advice to know that I have the right...
Mr. Dawkins: If you say you're going to readvise it, I'll readvertise it.
Mr. Odio: Yes, sir.
Mr. Plummer: Let me ask a question.
149 November 3, 1988
Mr. Dawkins: But I still need for you to have Mr. Cather meet me in your
office and explain to me how that bid was reduced, why and who the other two
parts of the bid went to. I need that.
Mr. Pierson: OR, I have another concern also.
Mr. Odio: I'm not satis...
Mayor Suarez: Please, please, please, please.
Mr. Odio: I am not satisfied that - there are too many questions, I'd rather
just go out for bid again.
Mr. Dawkins: OK, well...
Mayor Suarez: But he wants to know some... he has some questions on the
deletions of certain portions of the bid.
Mr. Odio: I will be glad to... yes, sir, yes, sir. We will do that.
Mr. Dawkins: OK, thank you.
Mayor Suarez: At this point, know if it's even in relation to this bid or
another one. But either way, he should get those clarified and, Mr. Manager,
when this is rebid, assuming the vote carries, let's have a clear oversight
over Public Works to make sure that technical deficiencies - now maybe they
accumulated to the point here that they made a bid unresponsive - but some of
those don't sound to me like they cannot be cured and I know that we have some
discretion to cure some of them as they come in, you know, and I'd like....
Mr. Odio: Another thing that I'd like to do. We need to provide technical
assistance to minority companies to be able to fill out all the requisites for
bids so that we don't have the excuse not to meet minority requirement because
they don't know how to fill out certain forms.
Mayor Suarez: I mean, I'd hate...
Mr. Odio: So I'm asking Adrienne Macbeth to do that.
Mayor Suarez: I'd hate to re...
Mr. Plummer: Well, may I strongly suggest...
Mayor Suarez: Can I just finish the point here, I'd hate to reject a bid on
the basis that there is no power of attorney and whatever t h a t means. In
other words, power of attorney goes from one entity to another and gives the
power to do a certain thing. Most of the time, a power of attorney is just a
matter of getting it. I mean, it doesn't really go to the heart of the issue
s of how qualified the person is. It could be just a technical deficiency or it
could be that they have no one that will give them the power of attorney for
whatever it is that we need the power of attorney for so, you know, we want to
get that clarified.
Mr. Odio: I'd just like to be able to have a place where minority companies
can come in to, Adrienne will work on that right away so to get help to fill
out the bids.
Mr. Plummer: I am going to give you a word of caution, Mr. Manager.
Mayor Suarez: You have to be very careful on that.
Mr. Plummer: You better ,provide an office in which all bidders have the right
to be advised in the proper procedures by Adrienne Macbeth.
Mr. Odio: Fine, we'll do that.
Mr. Plummer: Not just minorities.
Mayor Suarez: We're talking about sealed bidding here and it could be very,
very tricky.
i
150 November 3, 1988
Mr. Odio: We will do that. V6 will do that to anyone that needs technical
assistance to fill out.
Mayor Suarez: And sealed competitive bids have to be done in a very objective
basis. Stuart, 1 know you're going to objecting...
Mr. Merkin: Just for the record, just keep in mind that M. Vila is a minority
contractor, it's a hundred percent minority owned and so it's not a question
of a minority contractor versus a non minority contractor.
Mayor Suarez: And I gather we have a good experience with M. Vila. I mean, I
know they're doing work.
Mr. Merkin: They've saved your... they've had 11 contracts with the City,
they've performed and they've saved over a half a million dollars...
Mr. Plummer: Well...
Mr. Merkin: ... on the next lowest bid if you add all these up.
Mr. Plummer: That's great. Let me ask you, if they've done a million
dollars - eleven million dollars with the City of Miami, why they exist in
Hialeah.
Mr. Merkin: I didn't say eleven million dollars with the City. I said there
eleven contracts.
Mr. Plummer: If they've had 11 contracts with the City of Miami, and this
one's for a million dollars, doesn't it seem reasonable they would have an
office in the City of Miami and not Hialeah?
Mr. Merkin: I'm sure if they could find affordable space in the City of Miami
they'd be glad to.
Mayor Suarez: Oh, we'll find it for them.
Mrs. Kennedy: Oh, we have many affordable spaces.
Mayor Suarez: We'll find it for them. OK.
Mr. Plummer: I would strongly suggest that they open an office in the City of
Miami. Are we still under the provision that City people get a 5 percent
edge? OK?
Mayor Suarez: Ten percent.
Mr. Plummer: Is it five or ten?
Ms. Adrienne Macbeth: Ten.
Mr. Plummer: Ten - in other words, a City person gets a 10 percent edge.
Keep that in your mind.
Mr. Merkin: All right. And for the record, there were eight deficiencies in
their bid.
Mayor Suarez: There were eight.
Mr. Merkin: They were very serious deficiencies. They were the kinds of
things that were put in for bidding to stop having bids changed afterwards,
two copies itemizing everything.
Mayor Suarez: We gather that the one that has the prescribed, that you have
to put both the wording and the figure and the actual numbers for an amount is
one of those. That you don't, afterwards, say, well, this number was really a
different number or something.
Mr. Merkin: And for the record, are you throwing out all of these bids or is
Commissioner Dawkins meeting and trying to be convinced on...
Mayor Suarez: No, no, no. We're throwing out all the bids.
151 November 3, 1988
Mr. Blutmner: No, the Manager is.
Mr. Dawkins: Beg your pardon? What about Miller bawkihs?
Mayor Suarez: No, no, he want to clarify because you wanted to have a
meeting.
Mr. Merkin: I asked whether the bids were being thrown out or whether you
were meeting in one effort for you to understand what the problems...
Mr. Dawkins: No, no, all are thrown out.
Mr. Markin: OK.
Mr. Dawkins: Those bids.
Mayor Suarez: OK, we have a motion and a second. Any further discussion?
Call the roll.
Mr. Foeman: We need a motion, Mr. Mayor. I need a motion.
Mr. Plummer: Motion, I'll move it or second Commissioner Dawkins motion to -
well, excuse me...
Mrs. Kennedy: I seconded....
Mr. Plummer: ... you do not need a motion, this is being pulled by the
Manager.
Mr. Fernandez: Yes, you need to confirm...
Mr. Plummer: Why?
Mayor Suarez: Yes...
Mr. Fernandez: ... the decision of the Manager to...
Mr. Plummer: No, the Manager has that right without the Commission approval.
Mrs. Kennedy: OK, Commissioner Dawkins' motion was to...
Mr. Plummer: Why?
Mayor Suarez: To reject all bids.
Mrs. Kennedy: ... reject the item and go out for bids again and I seconded.
Mr. Plummer: Why should I take the heat?
Mayor Suarez: There was a motion and a second. Let's go ahead and go through
with the - even if a motions not needed, let's ratify it.
Mr. Plummer: No, but they're wanting me to make a motion and I'm saying a
motion's not necessary. Do nothing.
Mayor Suarez: Don't we...
Mr. Plummer: The Manager's withdrawn the item, period. He's going to rebid.
Why take the heat?
Mrs. Kennedy: OK.
Mayor Suarez: I don't know. Whatever the...
Ms. Macbeth: Excuse me, Mayor Suarez...
Mr. Pierson: Thank you very much.
Mr. Plummer: He's eliminating the bid. He has that right. Hey I... listen, I
appear in court now enough, I don't need no more.
Mr. De Yurre: And I bet you we get a better deal.
152 November 3, 1988
Mr. Plummer: I'm a professional witness.
Mayor Suarez: Just that we were into the presentations and t have a feeling
that maybe a vote should be...
Mr. Odio: You need to pass a motion accepting my recommendation to reject all
bids.
Mayor Suarez: We have a motion and a second rejecting all bids. Call the
roll based on the Manager's recommendation.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1054
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER AND REJECTING ALL BIDS/PROPOSALS RECEIVED BY
THE CITY IN CONNECTION WITH THE LOCAL DRAINAGE PROJECT
E-57 FOR CONSTRUCTION OF FRENCH DRAINS, AUGUR WELLS,
CATCH BASINS AND MANHOLES AS WELL AS PAVEMENT
REPLACEMENT, CURBS, GUTTERS AND SIDEWALKS; FURTHER
DIRECTING THE CITY MANAGER TO SEEK NEW BIDS/PROPOSALS
BASED ON SUCH SPECIFICATIONS AS HE DEEMS APPROPRIATE
FOR THE PROCUREMENT OF SAID SERVICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Ms. Macbeth: Excuse me, Mayor Suarez, before you proceed. As you leave this
item, the Manager has asked me to indicate to you that the figures that you
quoted relative to black contractors were prior to the passage of the current
ordinance.
Mayor Suarez: Yes.
Ms. Macbeth: The current ordinance, we are at about 4.3 with black
contractors with the ordinance that Commissioner Dawkins has proposed, I'm
sure, in the next fiscal year we'll be greater than that.
Mayor Suarez: What was the percentage you gave with the ordinance now have in
place?
Me. Macbeth: We're at about 4.3 percent now with black contractors and we've
done that through setting them aside.
Mayor Suarez: We're doing better.
153 November 3, 1988
�Yiibti.' :A
------------------------------------------------------------------------------
46. BUS SHELTERS: refer to administration for further study
Mayor Suarez: Sixty-three. What's the recommendation?
Mr. Odio: Shelter Advertising of America, Inc.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded.
Mr. De Yurre: Discussion.
Mayor Suarez: Commissioner De Yurre. I guess you're moving the
recommendation obviously.
Mr. Plummer: Sure. As it is on the agenda.
Mayor Suarez: Just clarifying for the record.
Mr. De Yurre: I think that we have a presentation.
Mayor Suarez: Mr. Helfman, you represent one of these parties?
Steve Helfman, Esq.: Yes, Mr. Mayor, Steve Helfman, for the record, with Fine
Jacobs in One CenTrust Financial Plaza. I'm here on behalf of City Ad
Associates which is he company which is not being recommended by the Manager.
Mr. Plummer: Excuse me, for the record, at this time so you can make your
presentation, I'll withdraw my motion until you're finished.
Mr. Helfman: Thank you. We believe the contract should be awarded to City Ad
Associates. There are two very basic reasons for that. First of all, we
believe that we are the only responsive bidder and, secondly, we believe that
we're the highest bidder. With respect to re...
Mayor Suarez: Highest bidder in this case is the most desirable from our
perspective because it's the one...
Mr. Helfman: The highest bidder is the one who's going to pay the City the
most money over the term of the contract.
Mayor Suarez: Just to clarify for anyone that didn't notice that, we just
changed from the last issue where we're paying. This time, we're getting
paid.
Mr. Helfman: OK.
Mr. Plummer: In reverse.
Mrs. Kennedy: Will you address the first issue first. Why are you the most
responsive bidder?
Mr. Helfman: The first issue is that we're the most responsive bidder. The
City, in July, put out a bid. It was very technical. It had very specific
technical requirements for the size of the shelters, the materials they were
made with, where they were to be located, how they were to be cleaned and so
forth. The only thing that the bidders had to do is take this package, turn
to the bid proposal and fill in the dollar amount. That's it. That's all
they had to do. The City knew exactly what they wanted to buy, they'd
specified exactly, they attached a 24-page contract to it and they said, here,
tell us what you're going to pay us for it. So both companies did that. The
difference is that Shelters of America, the company that's being recommended
by the staff, did something in addition. They told the City that we don't
make the shelter that you want. We don't make the size that you want, we
don't make the roof that you want, we don't provide the glazing that you want,
we don't make the shelters with arm rests. Your contract is unacceptable to
154 November 3, 1988
us because we pant an automatic renewal period. Your contract's unacceptable
because the assignability provision is very limited and we'd like it changed.
You contract's unacceptable because the City had certain very privileged
abilities to place public service announcements on these benches. They said,
that's not exactly the way we want it either. They said that they couldn't
live with the number of shelters, they said that they couldn't live with the
fact that they had to clean up within a certain radius of the shelters, and
they said that they couldn't deed the shelters to the City at the end of
their agreement, at the end of the contract, because they wanted to retain
ownership of them and one of the conditions was that you deed them to the
City.
Mayor Suarez: In that sense, the end of the contract meaning how many years?
Mr. Plummer: Fifteen.
Mayor Suarez: For deeding them to the City?
Mr. Helfman: No, it's a five year contract. This contract, by the charter
itself, and is to be a five year contract. Now...
Mr. Plummer: With options.
Mr. Helfman: ... if - yes, it's called an option. What it is, it's the
City's renewal. If the City wants to renew, they can renew. It's not really
an option.
Mrs. Kennedy: For another five years?
Mr. Helfman: And then an additional five years after that.
Mrs. Kennedy: And another five years.
Mr. Helfman: Now, we believe that that is non responsive. And the best
example I can give you is a real simple example. You come to... the City
needs five thousand number 2 pencils and put out a bid for 5,000 number 2
pencils. Company A comes back, they put in the price, they hand it in, they
said we'll provide it to you. Company B comes back says, we don't make number
2 pencils, we make number 2 1/2 pencils. That's not responsive. The City
knows exactly what they wanted and all they want is a number. Fill it in and
we'll pick out who's the highest bidder. That's it.
Mayor Suarez: Are you saying, on that basis your client was bidding a higher
figure than theirs? Or you can't compare?
Mr. Helfman: I'm really not addressing the dollars yet, I'm talking about the
responsiveness of their bid. Their bid is not responsive.
Mayor Suarez: OK, oh, you're saying you can't compare because one bid one
thing and the other one bid another thing.
Mr. Helfman: Well, that's for certain. Now, let's assume for the moment that
they were both responsive. Both people have just filled in the numbers and
they agreed they would provide what the City asked them for. We believe that
our - we don't believe, we know, that our bid was the highest. Our bid was
higher by over $33,000. I have a chart which I've blown up a comparison of
the minimum guaranteed amount over the term of the contract by each company
and the differential or the difference at the bottom. Under City Ad
Associates, my client, we were going to pay the City $505,750, they were going
to pay $472,300.
Mayor Suarez: OK, but wait a minute, Steve. Now, you've got a minimum
guaranteed amount. The implication of that is that if there wasn't just a
filling of numbers, that there was minimum guaranteed amount was measured up
against some kind of percentage of profits or gross.
Mr. Helfman: The City asked...
Mayor Suarez: So the formula was a little more complicated than filling in
the blanks.
155 November 3, 1988
_ .. .. fry. ..K +.
Mr. Helfman: The City asked us to do two things. They said, put in fixed
number...
Mayor Suarez: Minimum guaranteed amount.
Mr. Helfman: ... as well as a guar... it wasn't a minimum guarantee, it was a
fixed number or, they say, it's not both...
Mayor Suarez: I see.
Mr. Helfman: It's a fixed number or a percentage and the City's determined
all along that the fixed basis is the basis that they want to go along on.
From the very beginning, they said that the fixed is what we want.
Mayor Suarez: So the minimum guaranteed amount, if we want to call it that,
on that basis, your client provided a higher figure over the first five years
than Shelter, the recommended company.
Mr. Helfman: It's not the first five years, that's the term of the contract.
We are higher. There's no more discretion, in other words, you put out a bid,
there was a specific thing you asked for, a price. We came in with the higher
price. Now, there's been some discussion about, well, this is a fifteen year
contract, or it's a ten and then a fifteen, and so forth. Let me show you,
and point out to you that that is not the case, that this has always been a
five year contract from the very, very initial authorization by this
Commission. On July 15, 188, the Manager sent a memo to each of the
Commissioners and the memo reads, in pertinent part: "If this proposed RFP is
approved by you, the award," and that was - he was asking to be able to send
this out, "... the award will be made to the bidder guaranteeing the maximum
revenue to the City over the five year term of the contract."
Mayor Suarez: God, I hope you don't do that with my memos. Blow them up like
that. Can you imagine if you had a mistake in that.
Mr. Helfman: This was the basic premise from the very beginning. This is a
five year contract and it was to be awarded to the person who came in with the
guaranteed maximum amount to the City.
Mr. Plummer: Is not the contract the additional years beyond five an option?
So, it is basically a five year contract, that's what we've all agreed on.
Anything beyond five is an option, which is, I assume, at the discretion of
the City as well as the owner of the company.
Mr. Helfman: No, no, because it's not an option. What the charter says is
it's a renewal. That the City has the option to renew. An option, on the
other hand, belongs to the person who has it. I can exercise the option to
continue and that's what they're asking you to do here. They're asking you -
one of the conditions that they've suggested is that we change this renewal
thing to an automatic renewal if we're in good standing. That's one of the
changes they're proposing.
Mr. Plummer: Steve, excuse me, I'm sorry. I'm looking at what I see as the
bid and from year 6 to 15, it is clearly stated, option years. I'm sorry,
that's... here.
Mr. Helfman: That's fine. I agree with you. This is a...
Mayor Suarez: Let me clarify one other thing. What you're saying, Steve, is
that your client would be willing to deed over the bus shelters at the end of
five years if we choose not to exercise the option?
Mr. Helfman: That was the term of the bid.
Mayor Suarez: I don't care about the bid. I'm just saying now, is your
client...
Mr. Helfman: And we accepted those, we accepted those terms...
Mayor Suarez: So after five years, we can end up with these.
Mr. Helfman: You could and if you're not happy with us at the end of the five
years, you don't have to renew.
156 November 3, 1988
•
Mayor Suarez: And we based that on the County experience apparently.
Mr. Cather: Yes, and then I also went to $3,000 to make sure it came out the
same way.
Mayor Suarez: And that particular formula was compared to the one that has a
minimum guaranteed amount.
Mr. Cather: Well, we have evaluated and literally, basically four different
forms. There's the cumulative, the percentage fees for the one firm and the
percentage fees for the other firm for one to five years, six to ten years,
and eleven to fifteen years. Then we then evaluated the same two firms on the
flat rate of one to five, six to ten, and eleven to fifteen. We then totaled
up what is the total revenue to the City over a 15 year period. And one comes
out one million, six, the other one comes out two million oh one seven. Now
that, on the basis which we recommended that Shelter Advertising, assuming
that we would keep these shelters 15 years....
Mayor Suarez: OK, but you must have been using one of the two formulas there,
not the other one.
Mrs. Kennedy: Yes.
Mr. Cather: Well, yes, we have figures, in other words, on the basis of the
percentage, you come out with for eleven to fifteen years, you come out with a
one million, three for this company and nine hundred and thirty-eight for
them.
Mayor Suarez: That's even on the basis of the percentage?
Mr. Cather: On the basis of a percentage of the advertising revenues, you
come up with a $1,335,000 for this company and $938,000 from this company.
So, therefore...
Mr. Plummer: Does the City have the option of taking the flat or the
percentage?
Mr. Cather: Yes, that's why we did that.
Mrs. Kennedy: But the City seems to think that the flat is more profitable
and I...
Mr. Odio: We'll make $2,000,000 versus a million, three. That was the reason
behind it.
Mrs. Kennedy: That's not what I'm hearing, but we'll get to that.
Mr. Odio: Oh, no, yes, if you take the percentage basis, they would be higher
at a million, three. If you take flat fee, they will be higher at $2,017,000
so that's why we chose the two million dollar figure.
Mr. De Yurre: But that's over a fifteen year period.
Mr. Odio: Yes, air.
Mr. Cather: That's correct. Now let me state...
Mrs. Kennedy: Yes...
Mr. De Yurre: And wouldn't it be... have you looked at the numbers at our
option saying at the end of 5 years we keep the shelters and how much we make
on that?
Mr. Cather: Yes, yes we have.
Mr. De Yurre: OK, let's hear that.
Mr. Cather: On the basis of one to five years on both the - let's take the
percentage, they are higher, $421,000 on the percentage versus 241 for
Shelter. On the basis of the flat rate, they're $519,000 versus four sixty-
six for them. On the basis of five years, this is the maximum best bid for
US.
158 November 3, 1988
.. , ,..., v:-F,._.- J1 >.rsis'`r�"-0t,-r�ai�T.sl Z�`t"'r�"i6a• .�.n:,-.,:;.. :. - . .. .. _ _ .
Mrs. Kennedy: So, on the basis of 5 years, which is what we're talking about,
City Ads is higher on both counts.
Mr. Cather: That's correct. With no options to renew.
Mrs. Kennedy: What's the argument?
Mr. Cather: Well, the basis is that we let it out for one year, five year
period with two options to renew.
Mr. De Yurre: Well, the...
Mrs. Kennedy: The options is not in the contract. The renewal is not, we're
talking about five years.
Mr. Plummer: No, it's in the bid. It's in the bid.
Mayor Suarez: It is in the proposal?
Mr. Plummer: Yes, it's...
Mr. De Yurre: But is the option - does it spell out the percentages on that
or are those negotiable at the end of the five year period? I'm sure that's
going to be negotiable because if the City goes to the company and says,
listen, guys, we're going to take over the whole thing unless we work this out
some different way. Then we, you know, we figure out what numbers we want.
Right?
Mayor Suarez: Depends what kind of option it is, I don't... is it a totally
optional option, for lack of a better term?
Mr. De Yurre: Sure, it will. It says that we...
Mayor Suarez: Or is it an option based only on our determination of valid and
performance on their part? Totally at our option?
Mr. Odio: It's our decision.
Mr. De Yurre: You see, it's our... we could walk away with the...
Mayor Suarez: Then Commissioner's right then, we can renegotiate. Don, one
final question before we let the other side, unless the Commissioner has a
question, what about the other allegations that their bid was more responsive
on the kind of bus shelter and so on?
Mr. Cather: Well, I would have to look into each one of those allegations
because, basically, we put out a specification and I would have to look at
each one of those. It's a very complex question.
Mayor Suarez: Well, I heard about the gloss on the advertising or the pan -
you know, the...
Mr. Cather: We're looking for a standard bus shelter and, you know, one used
in the industry.
Mayor Suarez: Did one group or one entity, as he alleged, comply to the
letter of the RFP with your specifications and other one make some
modifications or not?
Mr. Cather: As far as I know, they both met the specifications with the one
exception that we did have a provision in there that the company should be in
existence for a minimum of two years prior to the bid. This company was not
in existence two years.
Mayor Suarez: Which company?
Mr. Cather: This company.
Mayor Suarez: And that was also in the RFP?
Mr. Cather: Yes.
159 November 3, 1988
Mr. Plummer: Wait a minute. Whoa, whoa. How could they even bid if they
didn't meet that requirement?
Mr. Cather: Well, we didn't know that until we put the bid in.
Mr. Plummer% But you know it now.
Mr. Cather: Yes, that's right.
Mayor Suarez: Was that considered like a threshold requirement or was that
just another one of the...
Mr. Newell: Threshold.
Mr. Cather: That's, again, you know, what do you want to do with it?
Mayor Suarez: I was just wondering what the RFP said on that?
Mr. Plummer: But, wait a minute, if the RFP called for them to be in business
a minimum of two years and they have not been in there, why was their bid even
considered?
Mr. Helfman: If I may, that's not what the bill...
Mr. Plummer: Let me ask him. He's the one that made the recommendation, then
I'll let you answer. How could you even consider them if they did not meet
that requirement of a two year experience?
Mr. Cather: Because I felt it was in the best interest of the City to see how
much revenue we're going to get out of them.
Mr. Plummer: Even though they didn't meet the bid requirement?
Mr. Cather: That's correct. We looked at it and evaluated it.
Mr. Plummer: Why do we put requirements in a bid?
Mr. Cather: That's up to the Manager to decide if he wants to take it or not,
in my opinion. We still have to look at the bid.
Mr. Plummer: No, no, excuse me, excuse me, I'm sorry. If it says, in the
bid, in very clear language, minimum requirement in the business of two years,
then how, if you're not in the business two years, how can you waive that?
Mr. Odio: You cannot. You cannot waive that.
Mr. Plummer: Then, in effect...
Mr. Odio: They are disqualified.
Mr. Plummer: You see, I must tell you, I've said this before. You put this
Commission in an untenable position when you take uncompetitive bids and
compare them.
Mr. Odio: Commissioner, let me apologize. If that's...
Mr. Plummer: If this other company did not meet the minimum specs, either
we're not going to put out any specs any more or let's don't compare them. I
don't understand why you do that.
Mr. Odio: Commissioner Plummer, if this - if that's the case, you're right
and I apologize and it will not happen again. They should have been
disqualified if that's the case.
Mayor Suarez: OK, let's hear why they should not have been disqualified by
that.
Mr. Helfman: Well, there's a couple of critical points here. Number one,
that isn't the standard. The standard was the people that are going to
maintain these shelters have at least two years experience.
160 November 3, 1988
Mr. Newell: Mayor, can I clarify and just read the sentence for you?
Mr. Helfman: We have made, we have made, we have made...
Mayor Suarez: Yes, I'm going to get to you in a second on that point because
that may dispose of the whole matter.
Mr. Newell: I believe it will.
Mr. Helfman: We knew about this. We absolutely intend to comply with it.
We've made arrangements with the company who's going to maintain these things,
the company that does the majority of the work for Southern Bell for all of
their booths, phone booths. I mean, we're well aware of it. It didn't say
that the company has to be in existence. It said that who ever maintains them
should have had two years of experience in it. And we're...
Mayor Suarez: OK, we've heard from you, let's hear from the other side on
that one.
Mr. Plummer: No, I'd like to hear from the Manager if that's correct.
Mr. Helfman: Well, the other...
Mayor Suarez: Well, but wait, but wait, but wait, wait, because we've been
basically cutting him off here.
Mr. Newell: Commissioner Plummer, if I may...
Mayor Suarez: Go ahead.
Mr. Plummer: It's a big difference.
Mr. Newell: Thank you. For the record, Steven Newell, I'm an attorney. My
address is 780 N.W. 42nd Avenue. I'm also a partner in Shelter Advertising of
America and I'm going to read a sentence which is at the very end of the 6-
page bid proposal which I believe will be dis-positive of this issue. The
- sentence says, "the successful bidder must have a minimum of two years
experience in the installation and maintenance of bus shelters." I'm here to
tell you that - and Mr. Helfman, my learned opponent as I've known for quite
sometime, can read. His company signed off that this was certified and sworn
to as being true and correct. It is absolutely, utterly false. This company
was formed after they submitted the bid. It was formed September 14th,
according to the Secretary of State. And the reason I - I presume, I'm being
presumptuous here...
Mayor Suarez: You'd better state the year as long as you're...
Mr. Newell: OK...
Mayor Suarez: What year are you talking about, September 14th, what?
Mr. Newell: 1988. Less than six weeks ago. Let me just give you a little
comparison, you know, the Commission sends out bid proposals and requires
experience because anybody can come in and say, hey, I sold a used car, maybe
I can go bid and make myself a multimillion dollar car company now. Our
company has been in business six years in the exclusive business of
manufacturing and selling and installing bus shelters. We have manufactured
and installed over 1,000 structures, all of them are the same specifications.
- In fact, we have over 500 here in South Florida. We are the third largest
company in he country, in fact. We have contracts with various municipalities
here in Dade and Broward - this company, our competitor is really should have
been disqualified and this is really, I believe, dis-positive the entire
issue. As far as the amounts mentioned as far as the amount bids, the fixed
guarantee is put into the same document which they categorically have made a
false bid. And if they're going to make a false bid to something as straight
forward and as square as this, you know, they're going to do it to the
guarantee also. In addition, speaking presumptuously again, I believe the
City Commission does not want to hire any company that does not have the
experience or the ability or the wherewithal to perform on a contract. And
that's why you have an experience requirement in your bid proposals, in your
bid requirements.
161 November 3, 1988
p M31'44y�, 1 'iyi
_.. c. .. ♦d��. 1;
Mr. Plummer: Let me see the wording.
Mr. Helfman: Mr. Mayor...
Mr. Newell: And as far as the last issue, as far as them saying that we're
not responsive, I'm offended, Mr. Helfman. I know you for a long time. I _
can't believe that you could come in here and tell this Commission that your
company...
Mayor Suarez: Well, it's not a personal thing, it has to do with your
shelters. Are they or are they not what we specified?
Mr. Newell: Yes, they are. In fact, the staff contacted us before preparing
the proposal since we are the third largest in the nation and we are the
largest here in South Florida, besides contacting Dade County who we have a
contract with, they contacted us specifically to talk about the technical
specifications of the structures.
Mr. Plummer: Wait a minute, hold on. There's here about...
Mr. Helfman: Mayor, I am sure that Steve prepared that package. There's a
list at the end of his bid submittal that has all the places where they can't
comply. So I can't believe that he's stating on the record that they make
those. He says, we do not make them. Now, aside from that, you know, if we
want to start picking apart each other's bids, we can do that. And I can
question whether they meet the minority criteria either. We're the only one
who's actually gone and got the certificate that says we meet it. But, let's
talk about the dollars and cents to the City. We are guaranteeing more money,
that's the bottom line. We are the low bidder. We've been determined, both
have been determined to be responsive, which I question, and so has Steve, but
we provide more money to the City. On top of that, I'll tell you that this
recommendation says, industry standard, and you heard your own staff say, that
the industry standard they got from the county and Mr. Newell's company
furnishes this service to the county. What they came up with was $2,000 as
the industry standard. Let me show you what Mr. Newell's company charges,
really charges, for this service and let's see if it comes to $2,000. This is
their own rate card. This is the card that they furnish the customers who
come in and want to get service, OK? What you may not be able to read is the
highlighted part that says that they get $400 per panel, per shelter. If you
calculate that up, and there's two panels on a shelter, if you calculate that
up as we have, you get almost - well, I'll tell you exactly.... you get
$9,600 per shelter on a 12-month basis. OK? If you reduce that for whatever
overhead you have and net out a number, any reasonable number, you come up
with $4,310. Your staff has taken the numbers that they're giving to the
county and we don't know what they're giving to the county,and we don't know
what they've given to the county, as $2,000 to be the industry standard. For
one municipality they call it the industry standard and they're basing their
recommendation on a $2,000 number when, in fact, these people are charging, on
an average, $4,310 so that the industry standard isn't that. If they're at
$2,000, I can tell you they'll be out of business.
Mrs. Kennedy: Well, Steve, let me just interrupt for a second. If you are
one of the two successful bidders and we're seeking a legal opinion, what
you're really talking about with a flat fee of $53,000 during the five years
over the percentage of $180,000 more than...
Mr. Helfman: Yes. I will tell you that both, under a percentage and under a
flat fee, we are higher. On top of that, I will tell you that although your
staff has recommended to go with the flat fee, from my understanding, what you
should be doing is getting a flat fee and a percentage over that based upon a
certain amount of gross. That's the best deal for the City...
Mr. Plummer: Yes, but Steve, that's...
Mr. Helfman: ... and that's what we're prepared to do that in any event.
Mr. Plummer: OK, and I don't disagree with you but that's not the way this is
written.
Mayor Suarez: Yes, and we could do these in many creative ways or...
Mr. Plummer: OK, the way this is...
162 November 3, 1988
9
J
Mr. Helfman: Well, if we go the pay it's written, we clearly are ahead.
Mayor Suarez: Wait - air...
Mr. Plummer: The way it's written it is or.
Mr. Helfman: I agree with you, that's wrong.
Mayor Suarez: Counselor, do you want to answer? As to the first five years,
you might want to clarify if, indeed, his figures come out to be higher and
then we'll get into the threshold requirements issues and see if we can
resolve that.
Mr. Odio: Mr. Mayor, Mr. Mayor...
Mr. De Yurre: OK, first of all, I'd like to know, are both attorneys
registered lobbyists here?
Mr. Newell: I'm a partner in the firm. I'm an owner in the firm, in the
company.
Mr. Odio: Mr. Mayor...
Mr. Newell: I check with the City Clerk, he said I did not need to register
before I approached the Commission. I am a principal.
Mr. De Yurre: OK, you're a part of the company?
Mr. Newell: Yes, sir.
Mr. De Yurre: OK, now before I'd like to get into the legal merits of this
because, you know, we may be arguing for arguments sake. I have two
questions. One has to do whether, based on his allegations, whether this
company has responded, you know, did we ask for apples and are they offering
apples or are they offering oranges? -and I'd like, you know, to have an
answer as far as that one is concerned. Then I want to have the other issue
addressed whether the fact that they have companies that have the experience,
whether that also allows them to make a bid that is responsive in a situation.
Mr. Plummer: Well, he answered it to the extent of saying that it was - no,
no - director of Public Works.
Mr. Helfman: I have told the Commission that our company has made
arrangements and will continuously, during the term of this contract, have
someone on - as part of the company, either contracted with or in an ownership
position, who has the experience of maintaining and installing which is the
requirement of that RFP. And we've made those arrangements already.
Mr. Plummer: Well, I'll tell you something, it's a hell of a way to do
business, OK?
Mr. Newell: That's not what the bid says, gentlemen.
Mr. De Yurre: Well, hold it, hold it. I still want my answer to these two
questions.
Mr. Newell: I apologize, Commissioner.
Mr. De Yurre: Thank you.
Mr. Jorge Fernandez: Well, it is very clear in the bid proposal that the
successful bidder must have a minimum of two years experience in the
installation and maintenance of bus shelters.
Mr. De Yurre: OK...
Mr. Fernandez: My interpretation of that, at this point, would be that the
successful bidder must either himself or by way of a contractual relationship
with a subcontractor, that he would have that would make part of his team have
met this requirement of two years.
163 November 3, 1988
Mr. Plummer: Why doesn't it bay that? it says the successful bidder.
According to this, there are two bidders. One is whatever the name is - they,
as a company, it doesn't say they and their team nor does it say this company
and their team. The successful bid will be awarded to this company, not this
company and/or its team.
Mr. De Yurre: Veil, let's - J. L., one thing...
Mr. Plummer: For clarification.
Mr. De Yurre: Have you ever installed but shelters?
Mr. Newell: We've installed them...
Mr. De Yurre: You, personally.
Mr. Newell: Me personally?
Mr. De Yurre: Personally.
Mr. Newell: Our company's installed...
Mr. De Yurre: You person...
Mr. Newell: No.
Mr. De Yurre: Of course not. You have to get somebody to do it.
Mr. Newell: But, our com...
Mr. Plummer: No, no, their company does.
Mr. Newell: Our company has installed over 1,000 structures, 500 of them here
in Dade County.
Mr. De Yurre: OK, but I'm saying, somebody does it, it's not the owners that
do it.
Mr. Newell: Well, Tom...
Mr. Javier Reyes: Sir...
Mr. Newell: My partner's an owner and he installs them...
Mr. Reyes: Sir...
Mr. Newell: ... he's physically gone out and installed them at Mercy
Hospital.
Mr. Reyes: Commissioner De Yurre. For the record, Javier Reyes, I am also a
principal in the company. I have personally installed the bus shelters. Our
company has installed the bus shelters, but I also, when the company was
starting, when it was younger, company's been around for quite a while, did
personally install the shelters. As did my other partner, Tom Neville, and
his brothers who are also owners because their family also control a certain
interest, have personally installed them and, in fact, two of them are still
involved in installing them and supervising the installation personally of the
shelters. So our company does, in terms of the experience requirement, we
meet it and the shelters are on display throughout the county in terms of our
efforts.
Mr. De Yurre: OK, Mr. City Manager, can I have a response? Are they in or
are they out as far as that requirement?
Mayor Suarez: Looks like you're getting a lot of help there. I hope you can
hear out of both ears at the same time.
Mr. Newell: There's one more is...
Mr. Fernandez: You know, the problem...
Mrs. Kennedy: In the meantime, let me say something...
164 November 3, 1988
0
Mr. Fernandez: ... the problem with this is that this is the...
Mr. Newell: Before the City Attorney rules, can I just...
Mayor Suarez: Whoa, whoa, whoa, whoa, wait. Wait a minute, wait a minute.
We decide the order here.
Mr. Newell: OK.
Mayor Suarez: Sir, hold it. Madam Vice Mayor, if you want to say something?
And then we'll hear from the City Attorney.
Mrs. Kennedy: Yes, while he's looking, I've tried not to keep quiet for a few
minutes but I really can't.
Mr. Plummer: We knew that would happen.
Mrs. Kennedy: You know, you just referred to this board a few minutes ago as
gentlemen and, you know, especially if you're asking for my vote, don't do
that, please.
Mr. Newell: I sincerely apologize. I sincerely apologize, Commissioner.
Mayor Suarez: OK, Mr. City Attorney, how are we doing on the threshold
question? You're going to have to - very seldom do we like to just sort of
throw it over onto you, sir, but I have a feeling this one, it's your baby.
Mr. Fernandez: I still stand by my statement. I think the burden of proof
shifts at this time to...
Mayor Suarez: Wow, burden of proof.
Mr. Fernandez: Well, in the sense that if he can satisfy it...
Mayor Suarez: The burden of answering the question is yours, now tell us
what...
Mr. Fernandez: Well, and I've answered it already. Let me further clarify it
by saying that, if at the time that he placed his bid, he did not have on his
team or a part of his team, people that had the two years experience, then
perhaps he would then be disqualified as to this requirement. Now, whether he
had the people on or not...
Mayor Suarez: That's what we're going to...
Mr. Fernandez: ... I do not know.
Mayor Suarez: We're going to ask the Manager that now. You're on the hot
seat. At the time that they made the offer, did they or did they not have on
their quote, unquote, team people whom...
Mr. Odio: According to - what I'm informed by the Director, no, they did not
have.
Mr. Helfman: Now...
Mayor Suarez: Well, wait, wait, I'm not sure that we want to hear now from
the people making the presentations. I don't want to hear from the
Commissioners what they want to do with this.
Mr. De Yurre: Well, now...
Mr. Odio: They were forming a new company - they formed this new company to
put in the bid so, therefore, they don't have two years, it's quite clear.
Mr. De Yurre: OK, now...
Mr. Plummer: Repeat that, I'm sorry?
Mr. Odio: This corporation, this group was formed just to put this bid in
and, therefore, how can they have two years of experience, it's...
165 November 3, 1988
Mr. Newell: After the bid was put in, it was formed.
Mayor Suarez: Wait, wait, let's...
Mr. Odio: Excuse me, don't...
Mayor Suarez: If we're going to hear from the attorneys on both sides, we'll
hear from both but at this point I want to hear from the staff and from the
Commission, what it wants to do on this.
Mr. Odio: This group was formed just to put this bid in. Therefore, they
cannot have two years experience.
Mr. Plummer: You know, I tell you something, I'm...
Mr. Odio: I apologize because I tell you...
Mr. Plummer: You know, Mr. Mayor, let me tell you something...
Mr. Odio: If I had known about this, this bid would not have been here.
Mr. Plummer: I've said it again and I'm going to say it again and I'm going
to say it again. How in the hell can a City this big put out things that are
so misunderstood? I don't understand. We are paying big money in this City to
put together RFP's and bids and yet we come back and almost every one of them
we are looking at, in some way or another, is being contested. Now, something
is wrong with our system. I don't know what it is, but something needs to be
changed to make it clearer for everybody to understand.
Mayor Suarez: Well, one thing is for sure, in the typical sealed bid process
for a contract, what we care about is the bottom figure, bottom line figure.
This one here leaves way too much to the imagination and we are going to have
to come up with a lot simpler system for future ones, but we've got to act on
this one today. I am not sure that we ought to be getting into these
alternatives, Mr. Manager. It is not really Public Works' at all
responsibility, I think it is your responsibility to go ahead and recommend to
this Commission before we go out for requests for proposals, a particular set
of criteria as clear as we possibly can make them, as simple as we possibly
can make them, understanding that sometimes we are giving up a little bit of
flexibility. We are going to have to do that, otherwise, we are never going
to be able to accept a bid without having, you know, legal...
Mr. Odio: As I said, as I read the RFP, and I read it now for the first, it
is clearly stated in the last paragraph that they have to have two years
experience. That is as clear to me as it was that you have to have five years
experience to manage the Knight Center, and we disqualified a lot of companies
because of that, so I don't know, and I apologize again why we've reached to
this point.
Mayor Suarez: OK, unless the Commissioner makes a motion, before we make a
decision here, we are going to hear... Mr. City Clerk, time them, we are going
to hear for two minutes from one side and two minutes from the other side, on
the issue of whether this was a threshold requirement or not, and whether you
met it or not, and both can argue on that and we are going to decide.
Mr. De Yurre: Before, I'd like to have the other question answered as to
their situation, whether they responded to what was requested. Not from you
Steve, I want to hear it from staff.
Mayor Suarez: Oh, you mean, as far as the variations on the...
Mr. De Yurre: As far as, yes, if they switched it around.
Mayor Suarez: What was the answer on that?
Mr. Cather: Would you please repeat the question?
Mr. De Yurre: My understanding is, from what I've heard, and I need you to
verify this one way or another, is whether this group right here, whether they
responded when the City asked for apples, whether the City got apples in
return, or whether we got oranges in return, whether they responded to what
166 November 3, 1988
the City wanted, or whether they changed what they could offer, and turn
things differently.
Mr. Cather: In my opinion, we asked for apples from the firm, and we got
apples.
Mr. De Yurre: OK.
Mr. Cather: What we are dealing with now is an evaluation of the proposal.
We have not negotiated a final contract. We are now going to go, if we
decide, we will go into a negotiation process to clear out all the details on
the specifications. Any other things that come in there will be settled in
the final contract.
Mr. De Yurre: OK, well then, somebody is wrong here, then.
Mr. Helfman: I raised this responsive issue to begin with, timely.
Mayor Suarez: Wait a minute. Procedurally, Commissioner, are you finished
your line of questions?
Mr. De Yurre: Yes, you can go ahead, Mayor.
Mayor Suarez: OK, we are going to do two minutes on the issue of the
_ threshold requirement. I don't think you ought to get into the issue of
whether their bid was responsive because of these minor things on the shelter,
Steve, but you are welcome to use up your time that way. Why don't you go
ahead, and then we will hear from the recommended company.
Mr. Helfman: I'm the one that raised this responsive bidder issue, and I will
tell you that Mr. Cather has just said that they were responsive. I will tell
you the first portion of the addendum says our shelter is 62 inches, not 60 as
noted in the RFP. Now, if we are going to nitpick my requirements and if we
are going to nitpick an interpretation and force the City Attorney to make an
interpretation on whether the successful bidder, which I would suggest is,
after you get the successful bid, you must comply, not beforehand, as a
threshold issue. If we are going to begin to nitpick that issue, then let's go
through the scores of different requirements that they have interposed into
this bid, and let's talk not about R-1, but let's talk about close to 50
different issues, including ownership, which is a clear requirement, that own
it. The contract that your Manager has now prepared provides that they don't
go back to the City as ownership, just what they asked for, and I'm suggesting
that there may be one issue on our side, but there are close to 50 issues that
are non -responsive in theirs, and we ought to look to the numbers and figure
out who is going to do a better job financially for this City, instead of
playing around with nitpicking the language of this RFP.
Mr. Plummer: Let me ask you a question, and I'm going towards a procedure.
Mr. Manager, do the companies who make these bids have the opportunity to
raise these objections with, in this particular case, Mr. Cather, who was the
one who made the recommendations to you. Do they have that right?
Mr. Odio: Do they have the right to meet with you? Do they meet with you?
Mr. Cather: Yes, they met.
Mr. Plummer: Did they make these same objections before you?
Mr. Cather: I met with Shelter Advertising during the development of these
specifications. I did not meet with City Advertising on these particular
items that they are talking about, the 60 versus the 62 inches.
Mr. Plummer: But you did meet with them?
Mr. Cather: I did not meet with them.
Mr. Plummer: No, you met with them, did they have the opportunity to raise
these objections prior to coming here, or prior to your recommendations?
Mr. Cather: The first time I've heard of these objections is today.
Mr. Plummer: They did not raise these objections to you previously?
167 November 3, 1988
0 0
Mr. Cather: Not that I can recall, no.
Mr. Plummer: Thank you.
Mr. Newell: Thank you, Mayor. As far as the threshold issue, absolutely, any
other reading in this sentence would be convoluted. The successful bidder
must have a minimum of two years experience in installation and maintenance of
bus shelters. The undersigned person or persons certifies that the above
information is true and correct and it is signed off by Mr. Helfman's client.
Not only did they not have two years experience, this was submitted on August
25th. This company wasn't formed until September 14th, three weeks later.
There is not one person who is listed in the bid proposal, who has any
experience, not a month, not six months, not a year, no where near the two
year requirement, and to read this thing another way would be really twisted
and convoluted, and certainly I don't think would be upheld by any court of
law.
Mayor Suarez: There is a couple of possibilities, obviously. One is to
reject them all and start over again and hold both sides to the strict letter
of the RFP, where both might not have actually complied, although apparently
one company did talk to you about some of the variations, Don. One other
possibility, that I thought might make some sense is to have the two companies
somehow split the City and have two franchises. I don't see why that was not
contemplated. The third one that I want to know, Mr. City Attorney, which is,
I want to know if it is legal, that occurs to me, is to have on a very clear
basis, now having clarified that we do consider that a threshold requirement,
if in fact we do, and all the other requirements have to be met also as to the
size of the shelter and everything else, put it back out... not put it back
out, but negotiate with both of these companies those issues and if they are
able to comply, possibly with a whole new development team, or whatever, then
say, OK, now, as to which company we will select, we will simply take your
sealed bids on the amount that you are going to pay us and then we will select
the one that comes into us, for the higher of the two. In other words, cure
the alleged defect as to them, cure the alleged defect as to them, and take in
new bids sealed and competitive as to which one is going to pay us more and
also clarify that we are only talking about the first five years. Options we
are not going to look at, otherwise we are never going to... can we do that?
Mrs. Kennedy: And give us your recommendation, Mr. City Attorney.
Mr. Odio: May I ask a question, Mr. Mayor? Something that I had in my mind
is, when you invest and I don't know anything about shelters, but when you buy
X number of shelters, you know you have amortization of that capital. Can
they amortize in five years?
Mayor Suarez: I think it is a tough one, but if they want to do it, they
don't comply, I guess we have kinds of remedies and hopefully you've built
those into the RFP.
Mr. Odio: Can any company amortize the investment they have in five years.
Mayor Suarez: I gather these are not very durable goods, I mean, you know...
Mrs. Kennedy: I'd also like to hear from the City Attorney, Mr. Mayor, and
see what he has to say.
Mr. Fernandez: In your response to Mr. Mayor is that that is an avenue that
has never been explored before, that's rather unconventional, we have done
that, but in the sense that this is not procurement in the true sense of our
Chapter 18, perhaps as long as the City Commission is of one mind in that,
that avenue could be explored as an alternative. Something else that could be
_ done is that I am sitting here being asked to opine as to whether either
bidder has been responsive in all the different deviations that they have
done. In all honesty, neither myself nor anyone in my office has had
opportunity to review this and I'd much rather, you know, opine after having
had time to read this. Perhaps you could send it back to the Administration,
to the procurement officer, through the Manager and with my input we can take
a look and solve some of the problems of responsiveness and then explore a
different avenue for ultimately awarding the contract.
168 November 3, 1988
Mr. Cather: Not that I can recall, no.
Mr. Plummer: Thank you.
Mr. Newell: Thank you, Mayor. As far as the threshold issue, absolutely, any
other reading in this sentence would be convoluted. The successful bidder
must have a minimum of two years experience in installation and maintenance of
bus shelters. The undersigned person or persons certifies that the above
information is true and correct and it is signed off by Mr. Helfman's client.
Not only did they not have two years experience, this was submitted on August
25th. This company wasn't formed until September 14th, three weeks later.
There is not one person who is listed in the bid proposal, who has any
experience, not a month, not six months, not a year, no where near the two
year requirement, and to read this thing another way would be really twisted
and convoluted, and certainly I don't think would be upheld by any court of
law.
Mayor Suarez: There is a couple of possibilities, obviously. One is to
reject them all and start over again and hold both sides to the strict letter
of the RFP, where both might not have actually complied, although apparently
one company did talk to you about some of the variations, Don. One other
possibility, that I thought might make some sense is to have the two companies
somehow split the City and have two franchises. I don't see why that was not
contemplated. The third one that I want to know, Mr. City Attorney, which is,
I want to know if it is legal, that occurs to me, is to have on a very clear
basis, now having clarified that we do consider that a threshold requirement,
if in fact we do, and all the other requirements have to be met also as to the
size of the shelter and everything else, put it back out... not put it back
out, but negotiate with both of these companies those issues and if they are
able to comply, possibly with a whole new development team, or whatever, then
say, OK, now, as to which company we will select, we will simply take your
sealed bids on the amount that you are going to pay us and then we will select
the one that comes into us, for the higher of the two. In other words, cure
_ the alleged defect as to them, cure the alleged defect as to them, and take in
new bids sealed and competitive as to which one is going to pay us more and
also clarify that we are only talking about the first five years. Options we
are not going to look at, otherwise we are never going to... can we do that?
Mrs. Kennedy: And give us your recommendation, Mr. City Attorney.
Mr. Odio: May I ask a question, Mr. Mayor? Something that I had in my mind
is, when you invest and I don't know anything about shelters, but when you buy
X number of shelters, you know you have amortization of that capital. Can
they amortize in five years?
Mayor Suarez: I think it is a tough one, but if they want to do it, they
don't comply, I guess we have kinds of remedies and hopefully you've built
those into the RFP.
Mr. Odio: Can any company amortize the investment they have in five years.
Mayor Suarez: I gather these are not very durable goods, I mean, you know...
Mrs. Kennedy: I'd also like to hear from the City Attorney, Mr. Mayor, and
see what he has to say.
Mr. Fernandez: In your response to Mr. Mayor is that that is an avenue that
has never been explored before, that's rather unconventional, we have done
that, but in the sense that this is not procurement in the true sense of our
Chapter 18, perhaps as long as the City Commission is of one mind in that,
that avenue could be explored as an alternative. Something else that could be
done is that I am sitting here being asked to opine as to whether either
bidder has been responsive in all the different deviations that they have
done. In all honesty, neither myself nor anyone in my office has had
opportunity to review this and I'd much rather, you know, opine after having
_ had time to read this. Perhaps you could send it back to the Administration,
to the procurement officer, through the Manager and with my input we can take
- a look and solve some of the problems of responsiveness and then explore a
different avenue for ultimately awarding the contract.
168 November 3, 1988
Mayor Suarez: Can we can we do that and also with the addition of the proviso
or provision that in the meantime, if they reach some kind of a consensus on
splitting the City into two regions that that would be acceptable too?
Mr. Fernandez: That would be up to the City Manager to in fact then modify
his invitation for bids with their, you know...
Mayor Suarez: Well, it is what we are doing is we are kind of joining those
in partnership, it ends up being something that we've done when I was not on
this Commission, many, many years ago and it made me wonder why the City
hadn't been split up into districts in the first place before it went out. We
did split the City into districts for the towing contracts and that worked
rather well. That could be? I mean, that could be contemplated...
Mr. Fernandez: Yes.
Mayor Suarez: ... while the Administration is looking at this?
Mr. Fernandez: Yes.
Mayor Suarez: I'll entertain a motion to that effect. I don't know if
anything else. I'd hate to just throw out the bids, I mean...
Mr. Fernandez: I'd much rather again have you give it to us by way of an
assignment, or to study and come back to you with recommendations well
thought...
Mayor Suarez: And also leaving the possibility, if the Administration wants
to recommend it, of having them both comply, clarifying and comply with all
the terms and then maybe both will agree to voluntarily come in with sealed
bids as to what they are offering and we will get the highest dollar return on
that. That's another avenue that you still can recommend.
Mr. Plummer: Well, OK, I am going to just make this statement into... I don't
think it has ever been the intent of this City, at least not that I know of,
to have and select and award to people who are jobbers. Now, I think this
City has always taken a direct, and that is, we want to do business with the
people who are getting the award. You know, if in fact, what I am hearing
here, your company is going to sub out everything to subcontractors. OK, you
can disagree, but basically, your company has not been in business to build,
install, or service, OK? Now...
Mayor Suarez: I have the same impression. I have to tell you that, so as to
the two of us, I have the same impression.
Mr. Plummer: OK, you know, I've got to tell you. Why in the hell should we
pay you a commission to go out and get subcontractors?
Mr. Helfman: But that's one obligation under a wide contract, where the
primary objection is to pay you money, which we are guaranteeing, and...
Mayor Suarez: That, well, I...
Mr. Plummer: But look, you are not in this for your health.
Mr. Helfman: No, we have...
Mr. Plummer: Excuse me, not you, the people you represent.
Mr. Helfman: We have collectively over 50 years of advertising experience
with the principals of this company, and that's what this is all about,
advertising, depending on how much we...
Mayor Suarez: Please, please, it is about building bus shelters and the
advertising actually is coincidental, but we both have the same impression, I
want to warn you on that, so if this ever is brought to a vote on the merits,
you may be in trouble there, so you might want to consider some of these
alternatives.
Mr. Plummer: Well, OK, where are we now? I mean, I'm lost!
169 November 3, 1988
F �, as .3:r ;
is
0 0
Mayor Suarez: The idea would be to refer back to the Administration to see if
they can clarify the requirements and make a recommendation leaving the
possibility of further negotiation along the lines that we have suggested
here.
Mr. De Yurre: I think that's a good idea. I think that both, from what I've
seen, both have things that need to be cured, and I feel that whether they
want to get together and they want to take a shot at sealed bids, if they can
be cured, if they both can cure, and they are still both in the running, then
we might just with to sealed bids, unless they want to come to an accord where
they can divide the City somehow.
Mr. Odio: But I have a question, how do you cure...
Mayor Suarez: That leaves those possibilities and apparently the City
Attorney has opined that those may be quite legal.
Mr. Odio: Unless you change the RFP, how do you cure the two years experience
requirement?
Mr. Plummer: I haven't heard a clear definition of what that two year
experience is.
Mayor Suarez: Well, here's how, Mr. Manager. From what he has said, as of
now, the development team does include people that have installed and have
designed and so on.
Mr. Helfman: And the quote, "successful bidder."
Mayor Suarez: The problem is really...
Mr. Helfman: The successful bidder is the requirement. We are not yet the
successful bidder.
Mayor Suarez: So, the problem is, that at the time that they submitted it,
apparently they hadn't even incorporated and so on, so they apparently did not
comply in that sense, but now they do, so you know, legally we can go back to
negotiations stage, you might be able to come back with a recommendation. In
the meantime, I strongly recommend that they negotiate with each other.
Mr. Helfman: Can we set this for a specific date? Or else this thing will
just flounder. Let's...
Mayor Suarez: Don't ask for too much because we have done as much as we
possibly can under very difficult circumstances here, very confusing.
Mr. Plummer: What's reasonable?
Mayor Suarez: Oh, a month from now.
Mr. Helfman: It's you've thrown it into their arena, I don't know what's
reasonable.
Mayor Suarez: A month from now, the general meeting of December.
Mr. Newell: Could we have it less, Mayor7 We are ready to go.
Mr. Plummer: No, the other meeting is zoning.
Mrs. Kennedy: December.
Mayor Suarez: No, it's got to be December. We can't do miracles. The
alternative is to throw them all out, believe me, I don't think either one of
you want that.
Mr. Newell: That's not good for the City, there's no other bidders.
Mrs. Kennedy: There will be other...
Mr. Plummer: All of this wrangling ain't good for the City either.
170 November 3, 1988
Mayor Suarez: it's not good for the City to be brought to a halt here in our
deliberations. We've got other items that we have to decide too, so that's thy
recommendation. if you [Hake that in the form of a Motion.
Mr. De Yurre! I move that.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded, leaving all of those alternatives available, that the
Administration will try to work out.
Mr. Dawkins: What is the motion?
Mayor Suarez: The motion is to send back to the Administration to work with
both groups to make sure that their bids are responsive and then make a
recommendation back to us as to which group of the two is giving us a better
return. That leaves them the option of trying to divide the City, if they
want to try to do that, or agree to a procedure where objectively, they can do
sealed proposals on the amount of money that we are going to get, so that it
is quite objective for us at that point. OK?
Mr. Plummer: Call the roll.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption%
MOTION NO. 88-1055
A MOTION REFERRING AGENDA ITEM NO. 63 (PROPOSAL BY BUS
SHELTERS, INC. FOR INSTALLATION OF BUS SHELTERS WITHIN
THE CITY) BACK TO THE ADMINISTRATION TO WORK WITH THE
TWO GROUPS (CITY ADVERTISING ASSOCIATES AND SHELTER
ADVERTISING OF AMERICA) WHO SUBMITTED BIDS TO ENSURE
THAT WHAT WAS RECEIVED WAS APPROPRIATELY IN RESPONSE
TO THE REQUIREMENTS AS CONTAINED ON THE RFP; FURTHER
INSTRUCTING THE CITY ADMINISTRATION TO COME BACK AT
THE REGULAR COMMISSION MEETING SCHEDULED FOR DECEMBER
15, 1988 WITH A RECOMMENDATION AS TO WHICH OF THE TWO
GROUPS IS GIVING A BETTER RETURN TO THE CITY LEAVING
OPEN THE POSSIBILITY OF FURTHER NEGOTIATIONS IN
CONNECTION WITH THIS ISSUE.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS DURING ROLL CALL:
Mr. Plummer: I don't think we have any choice. I vote yes.
Mayor Suarez: I can't think of any other choice, that's for sure. OK, yes.
171 November 3, 1988
-.------------------r-r.`r iiGGr♦.ri-rr•r. r�-r--r�r+�-r--LrirG --L�- 1irGGLa--
47. BARRICADES AT BIRD, 27 AVENUE AND ANDROS AVENUE: authorize temporarily
for 90 days, requiring poll of property owners on permanency
Mayor Suarez: Item 64, authorizing temporary barricades. Is this a
controversial issue? I hope not! Anybody here to be heard on this item? Let
the record reflect no one has stepped forward, except this gentlemen, who I
don't think is...
Mr. Plummer: This is just the spending of the money, right?
Mr. Odio: Yes, as we ordered to do.
Mayor Suarez: 64, temporary barricades...
Mr. Plummer: Buena suerte!
Mayor Suarez: ... 90 days, Bird Avenue to...
Mr. Dawkins: Somebody move it?
Mayor Suarez: Moved.
Mr. Dawkins: I move it.
Mr. Plummer: I move it.
Mayor Suarez: You said buena suerte, that sounds like a motion to me. Moved
and seconded. Any discussion? Call the roll, real quick.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1056
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO PLACE 90-DAY TEMPORARY BARRICADES AT THE
INTERSECTION OF: BIRD AVENUE AT THE EASTERLY ZONED
RIGHT-OF-WAY LINE OF SOUTHWEST 27 AVENUE AND ANDROS
AVENUE AT A LOCATION OF 150 FEET EAST OF THE ZONED
CENTERLINE OF SOUTHWEST 27 AVENUE; REQUIRING A
SUBSEQUENT POLL OF NEARBY PROPERTY OWNERS ON THE
FUTURE PERMANENCY OF SAID ACCESS RESTRICTIONS; AND
AUTHORIZING EXPENDITURE OF FUNDS IN THE AMOUNT OF
$2,000 FROM "SPECIAL PROGRAMS AND ACCOUNTS CONTINGENT
FUND FY 01988-89", FOR PURCHASE, INSTALLATION AND
MAINTENANCE OF SAID TEMPORARY BARRICADES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
.and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
172 November 3, 1988
48. ST. ALBAN'S DAY CARE CENTER: grant waiver of filing fee for plan for
class addition
Mr. Dawkins: Mr. Mayor, can I move 79 please.
Mayor Suarez: Yes, Commissioner wants to take out of order 79, or was that
one we already looked at before?
Mr. Dawkins: No, we didn't look at it.
Mayor Suarez: No?
Mr. Plummer: 79, you moving it?
Mr. Dawkins: I want to find out what he wants first. Yes, go ahead, sir.
Mr. Dan Kavanaugh: Thank you. Mr. Mayor and members of the Commission, my
name is Dan Kavanaugh. My office is...
Mr. Plummer: I'll move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
Mrs. Kennedy: Yes, let me just say that, and I'm going to vote with your
motion, so don't worry, but it is very difficult for non-profit groups and
churches who want to have some day care or after school activities, to finance
the cost that the Building and Zoning imposes on these regulations and comply
with them and you know, I don't advocate eliminating all regulations that
would endanger the lives of our children, nor place the City in a valuable
position, but I would like the City Administration to look into these, and by
that I mean the Building and Zoning and Planning and Fire, to look at the cost
of these fees and come back to us during the December meeting.
Mr. Plummer: Well, this is in no way waiving the inspections or the filing of
the necessary documents. It is merely...
Mrs. Kennedy: It is waiving the filing and I'm looking for...
Mr. Plummer: This is just a fee, not the filing. They still have got to go
through the procedures and through the inspections and all of that. This is
just relating to the dollars they would have to normally pay.
Mrs. Kennedy: Right.
Mayor Suarez: OK, we have a motion and a second. With that...
Mrs. Kennedy: And get the Commission of The Status of Women involved please,
and my office.
Mr. Plummer: For a waiver of a fee?
Mayor Suarez: Call the roll on that.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-1057
A MOTION GRANTING REQUEST RECEIVED FROM DANIEL
KAVANAUGH, ESQ. FOR A WAIVER OF THE FILING FEE FOR ST.
ALBAN'S DAY CARE CENTER IN CONNECTION WITH ITS
SUBMISSION OF A PLAN FOR AN ADDITION TO A CLASSROOM.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
173 November 3, 1988
El
AYES: e6mmissioner Victor be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L, Plumb r, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
MOSS: None.
ASSENT: None.
GG—G-------.ter — G—Y.Gii.Y ---all.—Y�r1Y.G�GG.friL000Y.iiil:.
49. TEMPORARY BARRICADES: listed in R-88-480, allocate $7,500 to pay for
installation
Mayor Suarez: Item 65, allocating an amount not to exceed $7,500. Bye bye.
$7,500 from Special Programs and Accounts Contingent Fund. Moved.
Mr. Plummer: Wait a minute, wait a minute, where are these barricades going?
Mr. Odio: Swanson, Trapp and Lincoln Avenue.
Mr. Plummer: Why doesn't it say that on the agenda?
Mr. Odio: At the intersection of West Aviation Avenue and Inagua, Trapp...
Mr. Plummer: I'll move it, but it should say that on the agenda, where they
are going.
Mayor Suarez: Well, it makes reference to Commission Resolution 88-480.
Mr. Odio: It says here.
Mr. Plummer: I understand that, but the agendas of the City Commission,
people don't normally get backup material. I pick up the neighbors this
morning, and I talked, there is something in there about closing streets in
the Grove, and I think for the public it should be identified, because that
article, if you do in fact read beyond the headlines, relates to the downtown
business district, it is not this itemt
Mr. Odio: Well, read it.
Mayor Suarez: Sir, you are ratifying a motion I made previously. All I am
asking for the record is you identify it so the public will know what we are
doing, that's all.
Mr. Jim Kay: It is an oversight on our part.
Mayor Suarez: Thank you. That helps a lot. We have a motion, do we have a
second? Do we have a motion?
a
Mr. Plummer: Yes, sir, I made the motion.
Mr. De Yurre: Second.
Mayor Suarez: Seconded, call the roll on 65.
r
174 November 3, 1988
The following resolution was introduced by Co=josioner Elunner, wha
fnoved its adoption:
RESOLUTION M0. 88=1058
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$7,500.00 FROM "SPECIAL PROGRAMS AND ACCOUNTS
CONTINGENT FUND, FY0 1988-89" TO PAY FOR THE
INSTALLATION AND MAINTENANCE OF TEMPORARY BARRICADES
ACROSS THOSE STREETS LISTED IN COMMISSION RESOLUTION
NO. 88-480.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ASSENT: Vice Mayor Rosario Kennedy
50. AUDIT ADVISORY COMMITTEE: appoint Marvin Armstrong
Mayor Suarez: Item 66, appoints Marvin Armstrong...
Mr. Dawkins: Move it.
Mr. Plummer: Second.
Mayor Suarez: ... to the Audit Advisory Committee. Moved and seconded. Any
discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1059
A RESOLUTION APPOINTING MARVIN ARMSTRONG TO THE CITY OF
MIAMI AUDIT ADVISORY COMMITTEE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
175 November 3, 1988
--.-.------------- ...���
51. FIREFIGHTERS AND POLICE RETIREMENT TRUST: appoint Marshall tarry
Mayor Suarez: Item 67.
Mr. Dawkins: Move it.
Mr. Plummer: Well, who is the name provided?
Mr. Odio: Well, you need to appoint Dan Horton, John Chin, sack Hofher, Dr.
Marshall Barry, Thomas Humphries, or George Jennings.
Mr. Plummer: I'll move Marshall Barry.
Mayor Suarez: International Association of Firefighters.
Mr. Plummer: The man is extremely knowledgeable in that field of endeavor and
I'll so move.
Mr. Dawkins: Where are the names?
Mayor Suarez: Dan Horton, John Chin, Jack Hofher, Dr. Marshall Barry, Thomas
Humphries and George Jennings. I have the resume of Dr. Marshall Barry here.
He's the only one that we have available? This is the one recommended by the
union, I gather. I guess all of them were recommended by the union.
Mr. Plummer: Mr. Mayor, I don't, and this is no detriment to the other names
that have been mentioned. I don't know of a man who is better well versed and
knows that system forwards, sidewards, and backwards, than Marshall Barry.
Mr. Dawkins: Move it.
Mayor Suarez: Yes, it has been moved and seconded. I think Commissioner
Dawkins wanted to. All right, any further discussion? Call the roll on this.
The resume I guess, can go into the record, Mr. City Clerk.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1060
A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF
TRUSTEES OF THE CITY OF MIAMI FIREFIGHTERS' AND POLICE
OFFICERS' RETIREMENT TRUST AS PROVIDED FOR BY CITY OF
MIAMI ORDINANCE NO. 10002, APPEARING IN THE CITY CODE
AS SECTION 40-202 FOR A SPECIFIED TERM OF OFFICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
176 November 3, 1988
52. N.W. 8 STREET ROAD HIGHWAY IMPROVEMENT: authorize increase in contract
with Madsen/Barr Corporation
Mayor Suarez: Item 70.
Mr. Fernandez: Mr. Mayor, I remind you that these are now public hearings
and...
Mr. Plummer: Yes, at 11:00 a.m.
Mr. Odio: This is to authorize an increase in the contract amount of $2,315.
Mayor Suarez: I'll entertain a motion on this item.
Mr. Dawkins: Move it.
Mayor Suarez: Wait a minute, it only begins with a small amount and later
gets completed work. It's for a larger amount here.
Mr. Jim Kay: That's the final payment.
Mr. Odio: No, that's the total cost.
Mayor Suarez: OK, Commissioner Dawkins moved. Do we have a second?
Seconded, Commissioner Plummer. Call the roll.
Mr. Fernandez: Invite members of the public, if there is any.
Mayor Suarez: Is there anyone who wishes to be heard on this item? Let the
record reflect that no one stepped forward. You and I are going to have a
little pow wow one of these days to discuss what is deemed the public hearing,
but that's OK. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1061
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT OF $2,315.43 IN THE CONTRACT BETWEEN THE CITY
OF MIAMI, FLORIDA AND MADSEN/BARR CORPORATION DATED
APRIL 30, 1987 FOR THE CONSTRUCTION OF NW 8 STREET
ROAD HIGHWAY IMPROVEMENT CIP PROJECT NO. 341111, SAID
FUNDS TO BE PROVIDED FROM THE HIGHWAY AND STORM SEWER
GENERAL OBLIGATION BOND FUNDS WITH FUNDS ALREADY
ALLOCATED TO THE PROJECT, FURTHER ACCEPTING THE
COMPLETED WORK OF MADSEN/BARR CORPORATION AT A TOTAL
COST OF $639,319.43; AND AUTHORIZING A FINAL PAYMENT
OF $36,330.46.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
177 November 3, 1988
4 r�
--------------------- ------------------------------------- --
53. CITYWIDE SANITARY SEWER EXTENSION: accept completed work of E.N.M.
Corporation
Mayor Suarez: Item 71.
Mr. Plummer: Move it.
Mayor Suarez: Accepting the completed work of P.N.M.
Mrs. Kennedy: Second.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Anyone from the general
public wishes to be heard on this item to comply with the City Attorney's
concern about public hearings? Let the record reflect that no one has stepped
forward. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1062
A RESOLUTION ACCEPTING THE COMPLETED WORK OF P.N.M.
CORPORATION AT A TOTAL COST OF $45,318.93 FOR CITYWIDE
SANITARY SEWER EXTENSION IMPROVEMENT - N.W. 5 AVENUE
IN CITYWIDE SANITARY SEWER EXTENSION IMPROVEMENT
DISTRICT - N.W. 5 AVENUE SR-5546C (CENTERLINE) C.I.P.
PROJECT NO. 351274 AND AUTHORIZING A FINAL PAYMENT OF
$5,634.39.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
_ Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------- -------------------------- ------
54. CONTRACT WITH MARKS BROTHERS COMPANY FOR CONSTRUCTION OF NORTH RIVER
DRIVE HIGHWAY IMPROVEMENTS authorize increase
-----------------------------------------------------------------------------
Mayor Suarez: Item 72.
Mr. Plummer: Move it.
Mr. Dawkins: A final payment of a half million dollars? Why is it so large?
Mr. Jim Kay: I'm sorry, Commissioner, would you please repeat the question?
Mr. Dawkins: No problem. It says OK'ing the final payment of $470,490.93.
Mayor Suarez: Yes, this doesn't look like...
Mr. Dawkins: The other two final payments, one was $5,000, and one was
$36,000.
178 November 3, 1988
Mayor Suarez: It doesn't look like the typical retainage amount of a =
contract. It doesn't look like 10 percent, or 5 percent, or something, Jim.
Why is that?
Mr. Kay: There were a number of items in the contract that... _
Mayor Suarez: We were concerned about?
Mr. Kay: ... contractor had done, we had not paid him for, these were —
additional items. OK.
Mayor Suarez: We were holding a little money back to make a little interest
on the side, or what?
Mr. Kay: We were holding money back, that's correct.
Mr. Dawkins: No, he said, these were additional items that we put in it?
Mr. Kay: Yes, sir. Well, these are additional items that we...
Mayor Suarez: And we didn't have to pay them until the very end?
Mr. Kay: Some of them were put in, but some of them were also unforeseen
items in the contract.
Mr. Plummer: Yes, but you know, let me tell you something. I'm going to get
back at you again on this, OK? When you ask us, what you are asking us is to
ratify after the fact the areas of additional work in a contract, after the
fact! OK, now what I am saying to you, that that fringes on almost a
rebidding procedure. Had those additions been in the original contract, you
might have got different bidders, you might have got a lower price. And I am
telling you I think we are getting on a very thin line when we are - we, the
Commission are not asked to approve the additives, we're asked to ratify after
they are done. Now, I am telling you in the future, for this man's money, you
better come tell me, that you want to add additions to that contract and I
will say yes or no. Not after the work is done, come and say please give me
your blessing and make it legal, and that's what you are doing now. Hey, I
can vote no.
Mr. Dawkins: When I heard - I've heard that song before from you.
Mr. Plummer: Well, if I could get two other votes, we'd teach them a lesson.
Mayor Suarez: I would just not call them additives, I'd call them
modifications or add-ons, or something. Additives sounds like we are talking
about...
Mr. Dawkins: It's just like J.L. says, they are coming to us after they've
done the work, Mr. Mayor!
Mr. Plummer: Asking us to bless what they've done.
Mr. Kay: In a contract like this, for example, there are many times, there
are so many additives, it would just be...
Mayor Suarez: Yes, he calls them additives too.
Mr. Plummer: That's what you a contingency fee for.
Mr. Kay: That's right. That's correct, and that's what we are using in most
cases.
Mr. Plummer: We don't have to approve contingencies.
Mr. Kay: No, that's correct.
Mayor Suarez: Is there a figure, or a percentage that you think would make
sense to bring back to the Commission at any time before you approve an
addition or a modification?
179 November 3, 1988
Mr. May: Anytime that the contract amount is exceeded, we have go beck to the
Commission for approval.
Mr. Plummer: Which is almost every time. Unfortunately, but that's.:.
Mr. Dawkins: If like...
Mayor Suarez: No, no, but I mean, before you... before the work gets done,
not at the very end for final payment. See what I am saying?
Mr. Kay: That's true.
Mayor Suarez: In other words, if there was a major variation, if there was a
five, ten percent add -on, don't you think that at some point, there is an
amount so large, that you should come back and consult the Commission before
the work is approved?
Mr. Kay: That's a possibility.
Mr. Dawkins: OK, but see, if you read sir, it says, increase the contract by
$22,470 - increase the contract by $22,0001 But yet you make a final payment
of $470,490. It just doesn't add up, when you go down to the one below and
you've increased the contract by $3,000, and you are making a final payment of
$52,000.
Mr. Plummer: Well, I think the easiest way to say that, is if we did not
ratify those additions, where would you be?
Mr. Kay: If we didn't ratify the additions, then we would have to out for bid
on those additions.
Mr. Plummer: No, they have already been done.
Mr. Kay: All right.
Mr. Plummer: No, on this particular item 72, if we vote no, where are you?
Mr. Kay: We're in a mess.
Mr. Plummer: You bet your bippyl I'm saying, don't put us in that mess:
That's...
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. You might think to bring us back, so we don't have
that mess, some proposal as to what that percentage variation would be as the
work is being done so that we approve that as a policy, or an ordinance.
Mr. Plummer: Give them one percent leeway or two percent leeway, is fine with
me.
Mayor Suarez: Two and one-half percent, you know, whatever multiplies easy
and you think makes sense. OK, in the meantime, we have approved this one,
but be careful, because one of these days we are not going to approve it, and
I don't know who's gonna pay. Call the roll.
Mr. Fernandez: And you need four -fifths.
Mr. Plummer: Why?
Mr. Dawkins: Sure do, and I can go...
Mr. Plummer: Why?
Mr. Fernandez: As stated there in the header.
Mr. Plummer: Why is it required? It is not an emergency. What is the
requirement of the four -fifths?
180 November 3, 1988
s
Mayor Suarez: It is under City Code for a variation? OK, call the roll and
let's see if we get it.
Mr. Plummer: Wait a minute, wait a minute.
Mayor Suarez: That's always dangerous.
Mr. Plummer: You increased item number 10, and didn't require a four, -fifths
vote.
Mr. Dawkins: And you are increasing the 73 and not requiring a four -fifths
vote.
Mr. Plummer: You guys are not playing by the rules.
Mayor Suarez: The amount in 70 is under $4,500.
Mr. Dawkins: But the one in 73 is not though.
Mr. Rodriguez: To increase over $10,000, you have to approve this on a four -
fifths vote.
Mr. Plummer: Where did you come from?
Mr. Kay: From the back.
Mr. Plummer: Go back.
Mayor Suarez: Is it because both the increases are less than $4,500, is that
the...
Mr. Dawkins: No, the other one is above it, is twenty-two.
Mr. Kay: This increase is greater than $10,000, that's correct. The others
were not.
Mr. Plummer: No, it is more than $4,500.
Mayor Suarez: OK, now we have a clarification. I'm not saying it's super -
clarified, but call the roll on whichever one we are on.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1063
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT OF $22,470.24 IN THE CONTRACT BETWEEN THE CITY
OF MIAMI, FLORIDA AND MARKS BROTHERS COMPANY DATED
APRIL 30, 1987 FOR THE CONSTRUCTION OF NORTH RIVER
DRIVE HIGHWAY IMPROVEMENT (THIRD BIDDING) IN NORTH
RIVER DRIVE HIGHWAY IMPROVEMENT DISTRICT H-4501 CIP
= PROJECT NO. 341103, SAID FUNDS TO BE PROVIDED FROM THE
-- CAPITAL IMPROVEMENTS ORDINANCE NO. 10347, AS AMENDED,
WITH FUNDS ALREADY ALLOCATED TO THE PROJECT; FURTHER
RATIFYING THE CITY MANAGER'S WRITTEN FINDING THAT THE
HEREIN INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES
BY AN AFFIRMATIVE VOTE OF FOUR -FIFTHS OF THE MEMBERS
OF THE CITY COMMISSION, AND ADOPTING THE FINDINGS AND
CONCLUSIONS SET FORTH IN THE PREAMBLE OF THIS
RESOLUTION; FURTHER ACCEPTING THE COMPLETED WORK OF
MARKS BROTHERS COMPANY AT A TOTAL COST OF
_ $1,754,663.99; AND AUTHORIZING A FINAL PAYMENT OF
$470,490.93.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
181 November 3, 1988
C
AYES: Commissioner Victor be Yurre
Costai►issioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES., None.
ASSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: I should be nasty but I am not, I'll vote yes.
----------------------------------------------------------------------------
55. CONTRACT WITH DELGADO PAVING INC. FOR CONSTRUCTION OF CITYWIDE HIGHWAY
IMPROVEMENTS PHASE IV authorize increase
------------------------------------------------------------------------------
Mayor Suarez: Item 73.
Mr. Dawkins: Moved.
Mayor Suarez: It's only $3,700, it is the Manager's authority.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll on 73. If
you are going to hit him, hit him really hard now.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1064
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT OF $3,767.72 IN THE CONTRACT BETWEEN THE CITY
OF MIAMI, FLORIDA, AND DELGADO PAVING, INC. DATED JUNE
18, 1987 FOR THE CONSTRUCTION OF CITYWIDE HIGHWAY
IMPROVEMENT PHASE IV CIP PROJECT NO. 341152, SAID
FUNDS TO BE PROVIDED FROM THE CAPITAL IMPROVEMENTS
ORDINANCE NO. 10347, AS AMENDED WITH FUNDS ALREADY
ALLOCATED TO THE PROJECT; FURTHER ACCEPTING THE
COMPLETED WORK OF DELGADO PAVING, INC. AT A TOTAL COST
OF $671,802.40; AND AUTHORIZING A FINAL PAYMENT OF
$52,600.84.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
182 November 3, 1988
_=_'-----=-------- ---------- ----------------------------------- ----
56. UNISYS CORPORATION TO PROVIDE COMPUTERS AND PERIPHERALS waive formal
sealed bids.
Mayor Suarez: Item 74, waiving the requirements for formal sealed bids,
authorizing acquisition of equipment.
Mr. Dawkins: You need four -fifths, huh?
Mayor Suarez: Affirmative vote.
Mr. Dawkins: If I find Commissioner De Yurre, you won't have four, huh?
Mr. Carlos Smith: He's in back of you.
Mrs. Kennedy: Has everybody had time to go through this contract?
Mr. Dawkins: What are we waiting on? Move it, that will get the discussion
out.
Mayor Suarez: Absolutely. Moved, do we have a second? Do we have an hour?
Mr. Plummer: What's...
Mr. Dawkins: I moved it.
Mr. Plummer: Moved what?
Mr. De Yurre: Computers.
Mayor Suarez: Item 74.
Mr. Plummer: I second the motion.
Mayor Suarez: Moved and seconded.
Mr. Dawkins: Now discussion.
Mayor Suarez: Discussion.
Mr. De Yurre: Carlos.
Mr. Carlos Smith: Yes, sir.
Mr. De Yurre: Have we found and identified the money to pay for all these
annual payments?
Mr. Smith: Yes, sir.
Mr. De Yurre: Where is it going to be coming from?
Mr. Plummer: Mr. De Yurre, may I interject something here for the record that
has concerned me? Based on the City Attorney's inquiry, I want to make this a
part of the record. I was very concerned about this item being listed as a
sole -source. Sole means the only source. I am instructed by the City
Attorney that the title of the chapter in which this appears is termed and
called, sole -course. What in fact is being applied here is a portion of this
chapter, which says it is the only reasonable source, which does in fact,
qualify under the chapter titled sole -source.
Mr. Fernandez: Correct.
Mr. Plummer: I hope that all of you have a copy of this memorandum issued by
the City Attorney to relieve my fears about a so-called sole -source and
interject the wording which says, under that chapter, the only reasonable
source.
Mr. Fernandez: Commissioner Plummer is making reference to Section 18-52.8 of
our Code and that is precisely the interpretation we've given to him. We've
opined that way on the basis of two memos provided by the Administration, one
183 November 3, 1988
'� mmm.�msea S - • � f
from Ron Williams, the director of General Services Administration, dated
November 3, 1988 and also another one from Carlos Smith, Assistant City
Manager, dated September 9, 1988, where they lay out the reasons they have for
considering this to be the sole -source, or the reasonable, the only reasonable
source of supply and we concur with them that they have in fact, met the
demands of the Code.
Mayor Suarez: I think he was clarifying that sole -source sounds like the
only, and that actually it is the only reasonable.
Mr. Plummer: Let the record also reflect that I was referring to the November
3, 1988 memo from Jorge Fernandez to Commissioner Plummer in reference to
sole -source acquisition of equipment and I proffer this to the Clerk for the
record.
Mrs. Kennedy: Mr. Mayor, Carlos just came to my office yesterday. I've been
trying to get to this item all night long. I kept going to the other ones and
leaving this one for the end. As it turned out, I really haven't gone though
the whole thing. Since there is no urgency required that we vote on this
today, I would like to defer this until the next meeting.
Mr. Smith: May I explain why I think we should vote, please.
Mr. Plummer: Well, sure you can explain it. She is asking, is there an
urgency. You tell her yes or no, and if so, yes, why.
Mr. Smith: The urgency basically is that we need to make a decision. There
are things that are hanging on this decision being made today, things such as
the new RFP on financial and personnel systems that we are going an evaluation
to come back and propose a solution on December 15th. If we don't know which
way we are going to go, we will probably have to stop the process, not knowing
what, you know, whether we are going to have a machine to run it on. The
machine that we have today is basically run out of capacity. We really cannot
continue putting in things. The response time, for example, the average
response time on the current machine has grown from last year to this year by
30 percent. The machine is really saturated.
Mrs. Kennedy: Well, what would two weeks do to you?
Mr. Plummer: Well, you've got one other problem you'd better bring up. That
other problem is that at this point, UNISYS has extended the deadline for the
payment which was due October Ist of $1,200,000.
Mr. Smith: That is correct.
Mr. Plummer: And it would be up to them of whether they would extend that
nonpayment of that $1,200,000 to the 17th.
Mayor Suarez: How about this, Madam Vice Mayor, if you'd like to have an
extra, that we can approve it subject to your giving your look -over the next
five days or whatever, as we have done on other cases?
Mrs. Kennedy: Well, it's not the same, but...
Mr. Dawkins: How long have we been at this, Mr. Smith?
Mayor Suarez: That's why...
Mrs. Kennedy: If you can ask them if they have any problems, I really would
like to defer it for another two weeks, that's all I am asking.
Mr. Dawkins: Mr. Manager, how long have we been at this?
Mr. Odio: At least six months that we have been planning and...
Mr. Dawkins: OK, so now, you know...
Mrs. Kennedy: But every time that you ask for a deferral, I go along with it.
Mr. Plummer: Well, may I ask...
Mrs. Kennedy: It's all right. You don't have to.
184 November 3, 1988
Mr. Dawkins: OK, you know, I have questions just like Commissioner Kennedy,
but I also realize that you know, we are going to get... I mean, after a
while, they should pull this offer off the table, OK? - because my concern is
why don't we pay the whole $5,000,000? That's my concern.
Mr. Plummer: If we had the money, we would.
Mr. Dawkins: All right, if you got the money to make annual payments, then
you have guaranteed me that at the end of each year, you are going to pay
$1,000,000 and you can borrow from somewhere in the City and pay and save
$1,700,000 in interest.
Mr. Odio: No, we still have to pay interest, Commissioner. I checked that
out.
Mr. Plummer: No, we still have to pay interest.
Mr. Dawkins: You don't have to pay no interest if you borrow from yourself.
Mr. Plummer: Oh, oh, how can we going to borrow from ourselves?
Mr. Dawkins: But I've been at this and keep saying computerize and
computerize and you are at a stage where we are running out of computer space
and etc.
Mayor Suarez: The capacity has been exceeded.
Mr. Dawkins: I'm like the Commissioner, we need... but you just can't put it
off any longer.
Mayor Suarez: That way if you are not satisfied in five days...
Mr. Plummer: Let me ask a question, because I am fully prepared to vote, but
one is not. Is UNISYS prepared to extend their payment deadline over to the
17th of November? It's fair, Carlos, to tell UNISYS that it is always been an
unwritten rule in this Commission when one Commissioner does not feel informed
to make a decision based on not sufficient facts, that we usually go along
with it and if not, we then deny the motion or deny the application.
Mr. Odio% Let me proffer something to Commissioner Kennedy.
Mr. Plummer: Do you what you want. I'm just trying for her benefit, you
know.
Mrs. Kennedy: Well, that's all right.
Mr. Odio: If she wants to vote on it today and if she has any objections
within the next week...
Mrs. Kennedy: Yes, we will pass it, and if not, I'll bring it up on the...
Mayor Suarez: Within the next five working days?
Mr. Plummer: The Mayor proffered that to her and she didn't...
Mrs. Kennedy: Yes, but now he is saying that we should do it now and...
Mayor Suarez: Within the next five working days you have an opportunity to
make objections, Vice Mayor Kennedy.
Mrs. Kennedy: Yes, that's fine.
Mr. Plummer: We're just trying to accommodate you.
Mayor Suarez: OK, with that proviso, I entertain a motion on the item, or do
we have one?
Mr. Foeman: We have one.
Mayor Suarez: OK, does the movant accept that proviso? Who moved it?
185 November 3, 1988
Mr. Poeman: Commissioner Dawkins.
Mayor Suarez: You accept the five days for Commissioner Kennedy to look at
it? OK, yes? The seconder, who seconded it?
Mr. Foeman: Commissioner Plummer.
Mr. Plummer: I did.
Mayor Suarez: Do you accept the five day proviso for Commissioner Kennedy to
look at it?
Mr. Plummer: Yes, sir.
Mayor Suarez: So moved and seconded.
anyone wish to be heard on this item?
forward. Call the roll, very quickly.
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Any discussion, call the roll. Does
Let the record reflect no one stepped
Mr. Dawkins: I suggested to Commissioner Kennedy that she let them come to
her. It is awfully cold up there in Philadelphia, don't go up there to see
them.
Mrs. Kennedy: No, no, don't worry. I don't have the time.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1065
A RESOLUTION WAIVING THE REQUIREMENT FOR FORMAL SEALED
BIDS, BY A 4/5THS AFFIRMATIVE VOTE OF THE CITY
COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING,
FOR ACQUIRING TWO A-17 UPGRADED MAINFRAME COMPUTERS
AND ASSOCIATED PERIPHERALS FROM THE ONLY REASONABLE
SOURCE OF SUPPLY, THE UNISYS CORPORATION, AT A TOTAL
_ PURCHASE PRICE NOT TO EXCEED $5,769,225, AND AN ANNUAL
LEASE/PURCHASE PAYMENT OF $1,273,268 FOR SIX YEARS
STARTING IN FY' 1990-91 WITH FUNDS SET ASIDE FOR THE
LAST YEAR PAYMENT OF THE EXISTING LEASE/PURCHASE OF
THE B7900 COMPUTERS, CAPITAL IMPROVEMENT PROJECT NO.
315231, "ACQUISITION OF COMPUTERS AND ASSOCIATED
PERIPHERALS" TO PROVIDE FOR THE FIRST YEAR PAYMENT,
SUBSEQUENT YEARLY PAYMENTS TO BE FUNDED BY END -USER
DEPARTMENT FUNDS; AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR SUCH UPGRADING WITH SAID FIRM,
SUBJECT TO THE AVAILABILITY OF FUNDS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
186
November 3, 1988
57. RIVERFRONT LAND PARCEL BETWEEN S.W. 2 AND 3 STREET ON NORTH RIVER DRIVE
ON MIAMI RIVER authorize issuance of RFP for UDP for marine -oriented
recreational and retail uses including food sales.
Mayor Suarez: Item 76, RFP for a unified development project for the
development of marine oriented recreational and retail uses, including food
and beverage, etc.
Mr. Dawkins: OK, move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion on 76? Does anyone from
the general public wish to be heard on this item? Let the record reflect that
no one has stepped forward. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1066
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSALS ON NOVEMBER 30, 1988, AND IN SUBSTANTIAL
ACCORDANCE WITH THE ATTACHED, FOR A UNIFIED
DEVELOPMENT PROJECT FOR THE DEVELOPMENT OF MARINE -
ORIENTED RECREATIONAL AND RETAIL USES, INCLUDING FOOD
AND BEVERAGE SALES, ON AN APPROXIMATELY .7 ACRE CITY -
OWNED RIVERFRONT LAND PARCEL LOCATED BETWEEN SW 2 AND
3 STREETS ON SW NORTH RIVER DRIVE ON THE MIAMI RIVER,
MIAMI, FLORIDA; SELECTING A CERTIFIED PUBLIC
ACCOUNTING FIRM AND APPOINTING MEMBERS TO A REVIEW
COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO
THE CITY MANAGER AS REQUIRED BY CITY OF MIAMI CHARTER
SECTION 29-A(c).
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: Did you wish to be heard on this item?
Mr. Dawkins: No.
Mayor Suarez: Oh, you are OK, with it?
Mr. Dawkins: Yes.
NOTE FOR THE RECORD: There was no appearance on item 77 (Feria de
Cali). Item 78 (relocation of riverboat "The Wayward Lady") was
withdrawn.
187 November 3, 1988
tL��{LtlLi.iiQiLLiLiiii.�.oYliiiiLti4.ii�i"i'?.Yi.QyiLiGil�LiiiifLY�L��GGGW: �.iLi RL�tii►i.RGitLi1.R.Rfi.i.:TiG.iLYC.iY.iYLiiCGiL
SS. LIQUOR STORES to remain Open On Sundays during December
fYGGi�'.LJI.(�Y►fii�LGIrYY—���i�i�i--=-.�---w`��G�G.�i.��s�i.wii�iiriib.r—=i�fi�?. iifiil�GGLYLiLLLi��.�T.�GGGif.Yi.II�
Mayor Suarez: Item 80, Camara de Comercio Latina. Godfather.
Mr. Odio: I recommend this.
Mr. Plummer: What the hell is going on around here? What item are we on?
Mr. Dawkins: Item 80. You moved it, I seconded it. Commissioner Plummer
seconded it.
Mayor Suarez: Item 80, CAMACOL, I thought we had a motion on that, Mr.
Godfather.
Mr. Dawkins: We dol
Mayor Suarez: We do, do we have a second?
Mr. Plummer: Ha, hal Barracho.
Mayor Suarez: OK, moved and seconded. Any discussion? Call the roll on item
80.
Mr. Foeman: I need a motion, Mr. Mayor.
Mayor Suarez: We got a motion, we got a second.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1067
A RESOLUTION PERMITTING THE SALE OF ALCOHOLIC
BEVERAGES BY LIQUOR PACKAGE STORES, NOT FOR
CONSUMPTION ON THE PREMISES (N.C.O.P.), ON ALL SUNDAYS
DURING THE ENTIRE MONTH OF DECEMBER, 1988, BETWEEN
THE HOURS OF 10:00 A.M. AND 10:00 P.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
188 November 3, 1988
W.iVGGfl.ii.i iGLGZYY...iaii...rra--.�d.i-�-.►i�� Y..r�iVr. -Y.crr ar--r.�—r----- �.—r-�.►ILa----Li.ii..i.�
SO. C`iiBAN MUNICIPALITIES PAIR CORPORATION waive prohibition to limit the
number of events at City facility so said fair can be held April 6-91
1980 at Flagler Dog Track
----------------------------------- --------------------------_-----------�..��
Mayor Suarez: Item 81, Cuban Municipalities, are they represented here?
Mr. Odio: I saw Santiago here.
Mayor Suarez: Yes, I think they are. Waiver and prohibition, what's the
waiver and the prohibitions of section 2003.9 of the zoning ordinance?
Mr. Odio: Well, this, we were limited at the Flagler Dog Track to two events
a year and therefore they are asking that this would not be counted as one of
those two days, because they would be over the limit, and I recommend that.
Mayor Suarez: I have no problem with that, I entertain a motion on the
waiver.
Mr. Plummer: We are on it. I move it.
Mr. Dawkins: Second.
Mayor Suarez: Any discussion? Call the roll on 81.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1068
A RESOLUTION CONCERNING THE CUBAN MUNICIPALITIES FAIR
TO BE CONDUCTED BY THE CUBAN MUNICIPALITIES FAIR
CORPORATION ON APRIL 6-9, 1989, ON THE GROUNDS OF THE
FLAGLER DOG TRACK; DECLARING THAT SAID CARNIVAL SHALL
NOT BE CONSIDERED AS ONE OF THE TWO ALLOWED EVENTS PER
SITE PER YEAR FOR ACTIVITIES OF THIS TYPE, CONDITIONED
UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF
CITY SERVICES ASSOCIATED WITH SAID EVENT AND THE
REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY
POTENTIAL LIABILITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
189 November 3, 1988
�...----------------------- --
60. DISCUSSION: International SO -toot yacht association regatta
------------ --------------
Mayor Suarez: Item 82,
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion on 82?
Mr. Plummer: Oh, I'm sorryl
Mayor Suarez: 82.
Mrs. Kennedy: 82, the regatta was held for the first time in Miami last year
and it brought people from all over the world. It was a great event for the
City. We are the boating capital of the world and we are being showcased
every time they come to Miami, and they are not asking for any funds, but Mr.
Manager, we do need to make sure that there is no work done during this period
of time at Miamarina.
Mayor Suarez: Is this the regatta with that incredible sailboat that you had
over there that's worth millions of dollars?
Mrs. Kennedy: The soul of the regatta.
Mr. Odio: It's a very good event.
Mr. Plummer: Yes, this is a 50 foot rowing boat.
Mr. Odio: No, no, not rowing.
Mayor Suarez: The Manager has a percentage of this too?
Mr. Odio: They got wings. No, no, they use the wings.
Mrs. Kennedy: Sail, sail.
Mayor Suarez: Mr. Badia, a very good presentation, sir, good to have you.
Continue doing good deeds and having regattas in our City.
Mr. Plummer: No, no. Mr. Badia does not know how to have a press conference
in the morning, unless it's below 30 degrees.
Mayor Suarez: Please don't bring us over there when it's cold anymore.
61. ST. JOHN COMMUNITY DEVELOPMENT CORPORATION allocated $40,000 for
Overtown sites to be used for affordable housing
------------------------------------------------------------------------------
Mayor Suarez: Item 83, St. John Community Development Corporation, sites 10
and 11.
Mrs. Kennedy: You were very articulate, Ricardo.
Mayor Suarez: Mr. Manager, are you recommending the conveyance?
Mr. Odio: Yes, sir.
Mayor Suarez: This is the first, or the final, or the intermediate step?
Mr. Odio; The conveyance of sites 10 and 11 in Overtown.
190 November 3, 1988
Mr. Pluiomert Well, the question I have in conveying these sites, these are
City owned property, correct?
Mr. Odio: Yes, air.
Mr. Plummer: All right, and what is the value of these sites?
Mr. Odio: I need to get them.
Mr. Jerry Gereaux: The City acquired these sites, Commissioner, as part of
the old Overtown Housing Development Plan and it paid, the total acquisition
cost to the City was $287,650.
Mr. Plummer: All right, is there a contract with this group?
Mr. Gereaux: Yes, we have a, I believe we have an understanding with them.
Mr. Plummer: Where is it?
Mr. Gereaux: We have an administrative contract with them.
Mr. Plummer: No, no.
Mayor Suarez: There has to be a contract. You can't have a conveyance unless
you have a binding...
Mr. Plummer: Hey, you know, I don't have a contract.
Mr. Gereaux: If I may, Commissioner, I think that what the group is here for,
is the Commission took action through a motion in February of 188 where it
agreed to convey the site to the group for half of the acquisition value, or
the lowest of the two appraisals. Now, we are going to need a contract, I
agree with you.
Mr. Plummer: Hey, I am not voting go convey this without a contract that says
the primary purpose is housing, OK? What is the amen date, I mean, is it 12
months?
Mayor Suarez: Is there a reverter clause, if we don't...
Mr. Plummer: No, I don't have a damn thing in writing. Do you ask me to
convey? I'm not doing it.
Mr. Gereaux: I don't think this group is here on that question at the
moment. I think this group is here to talk about the price of the land, is
that correct?
Ms. Sharon Williams: Yes, we are here to discuss the price. We haven't...
Mayor Suarez: Give us you name and address, please and we'll...
Ms. Williams: Sharon Williams from St. John Community Development
Corporation, 1324 NW 3rd Avenue and we are here to discuss the conveyance of
sites 10 and 11 and we have not come to agreement on the amount for those
sites. We are requesting those sites at $40,000.
Mr. Plummer: Well, that wasn't your agreement. Your agreement, back on this
other was...
Mr. Gereaux: This was the Commission's mandate on the cost of the site,
Commissioner.
Mr. Plummer: But they agreed to it.
Mr. Gereaux: Well, when the action was taken, they were not present. If I
can just go on for a second. In addition to agreeing to convey the site, if
they wanted to accept it for that price, the deal was that price would not be
paid in cash as part of the purchase price by the people who are going to buy
these units, but that the City would take a soft third mortgage. Now, the St.
John's group feels that that third mortgage won't work as far as making the
product salable in the immediate market area of Overtown and I believe they
are here to ask...
191 November 3, 1988
Mayor Suarez: What do they want in connection.
Mr. Gereaux: ... that they pay up front. They want to give us cash up front.
They don't want to give us $155,000, they want to give us $40,000 for the
land, is the bottom line.
Mayor Suarez: And they would rather do it by cash up front than a third
mortgage that we may or may not some day collect.
Mr. Gereaux: That is correct.
Mr. Plummer: Yes, but you are talking about appraised. My problem is that
without a contract to make this thing viable, we don't even know what we are
talking about. Are we talking about that they must draw building contracts
within 12 months, 18 months?
Mayor Suarez: Yes, we've got to have some kind of limitations here. Do you
have any idea, do you want to propose it today or do you want to bring it
back, as long as we agree in concept on the price?
Mr. Gereaux: If you could agree in concept on price, that would bring back a
definite schedule to hold everybody's...
Mr. Plummer: What are the appraisals?
Mr. Gereaux: The appraisals - well, we acquired at appraisal value. The
appraisals for the property total $287,650, and that was our acquisition cost.
Mr. Plummer: All right. Now, they want to offer us forty?
Mr. Gereaux: We said that we would settle for half of that to get the project
going and they are coming back with...
Mr. Plummer: That's $143,000, and they are...
Mr. Gereaux: $155,000 is the number, and they are now coming back with a
counter -proposal to the Commission.
Mr. Plummer: It's the same old story. You keep giving everything away, the
well is going to go dry and the day is coming closer and faster than it was a
year ago.
Mr. De Yurre: Jerry, didn't we do something on this many months ago?
Mr. Gereaux: In February, you agreed...
Mr. De Yurre: Didn't we work out something that with the surtax, we take like
a third mortgage and somehow get them, you know.
Ms. Williams: That was never agreed upon.
Mr. Plummer: They're saying that's not acceptable now.
Mr. Gereaux: Well, yes, that came up, Commissioner, as a result of another
program, but the Commission made it applicable to all three of the various
nonprofit groups, including this one; however, they weren't present when that
action was taken. It sort of came up, and they prefer, and I certainly don't
want to speak for you, but they prefer and it would work better if they could
pay the Commission cash up front, rather than take a long third mortgage.
Now, from my point of view, I'd rather have the cash up front, because the
money is not going to be worth much in 30 years.
Mr. Plummer: But not $40,000 when you are paying two eighty-seven.
Mr. De Yurre: Jerry, how is this any different from the scattered housing
projects that we are doing and all these other things.
Mr. Gereaux: We are buying in the scattered program, we are buying, you know,
the land through our C.D. funding and then we are going ahead and developing
the projects. How this differs, I think, is that we here we have a
neighborhood based nonprofit corporation, they are trying to build in a area
192 November 3, 1988
where they have some serious reservations about whether or not... they paid
$155,000 for the land for 28 units, if the product would sell at that price,
and that price is around $56,000 per unit, according to their proposal. What
they are asking for, what they are saying is, we need to be able to sell these
units at $52,000 a unit, and correct sae if I'm wrong, $51,000 or $52,000?
Ms. Williams: $52,000 is correct.
Mr. Gereaux: $52,000?
Mr. De Yurre: Now, why is it that we are not doing it?
Mr. Gereaux: To make the product marketable to the people who want to live at
that location.
Mr. De Yurre: Why is it that we don't take that land and build townhouses or
condos and do the same thing we are doing with the scattered housing program?
Mr. Gereaux: Why don't we?
Mr. De Yurre: Yes.
Mr. Gereaux: Well, the reason I think that we are not doing it, Commissioner,
is because quite some time ago, a previous Commission made a commitment to St.
John's that St. John's would be the developer of blocks 10 and 11 and that
goes way back to the old Overtown housing replacement plan.
Mr. De Yurre: How far back do we go on that?
Mr. Gereaux: Four years.
Mr. De Yurre: Four years?
Mr. Plummer: That was based on other criteria, is the problem.
Mayor Suarez: No, it couldn't have been.
Mr. De Yurre: OK, now in four years, nothing has happened?
Mr. Gereaux: I've got the date here, let me take a look.
Mayor Suarez: Couldn't have been four years, I don't think, because I think
it was...
Ms. Williams: It was in June, 1985, I think.
Mayor Suarez: It would have been late 185.
Mr. De Yurre: But in three years nothing has happened. It's time to get with
the program, you know, either, we've got to give them, if they need X amount
of time, we give it to them, you know, it is fish or cut bait time because if
we can do and we are doing it throughout the City, then maybe we can just get
it out and...
Mayor Suarez: That's true, but keep in mind, keep in mind on the timing that
in the other projects that you are referring to as scattered site housing,
actually they are just different sites scattered throughout the City, it has
taken us a couple of years to get off the ground and in the area of Overtown,
Overtown/Park West has taken us $42,000,000 of subsidy because the area is a
difficult area to build in and St. John Economic Development, or Community
Development, whichever the title is, I remember was started with a great deal
of fanfare right after I was elected. We were very hopeful and I think this
agency is now very close to actually being able to get off the ground.
Mr. Gereaux: Their financing is in place. They want to start their presale
campaign which is really is going to decide whether the project cuts the
mustard, how many they sell, but they need from the Commission a determination
on what the Commission will allow them to acquire the site for.
Mayor Suarez: I just want to remind Commissioner De Yurre, because he
actually made the motion that solved the Civic Center and Allapattah sites,
remember on the land acquisition cost of those, that you made a motion that I
193 November 3, 1988
�. a
think solved those two projects, by which in the first ten years basically, we
were only going to be receiving $25 a month, I think it was, per unit, on the
entire value of the land, and those sites are a lot more viable than this, so
just keep that in mind because this is one that we have been trying awfully
hard to get off the ground.
Mr. De Yurre: You know, I am just disappointed. I felt that when we moved on
this back in February, I think it was, that we had solved the problem and that
they would be working at it and all of a sudden, it's months later, about nine
months later and I now I hear that nothing's been done at all. You know, it
is just disappointing.
Mrs. Kennedy: Welcome to City Hall.
Mr. De Yurre: Well, it shouldn't be that way.
Mayor Suarez: It is awfully difficult.
Mr. Plummer: Yes, but here is the point. We thought we had an agreement some
nine months ago, based on the criteria that they would pay us half of what the
appraised value was. Now, they are coming back nine months later and asking
us to change the rules. That's why nothing's been done. It is not the idea
that the City has been standing still. We made an agreement.
Mr. De Yurre: I guess the point I am trying to make now is that you know, we
should have some type of department that oversees all these things that are
going on so that they can come back to us and say and say, listen, for two
months nothing has happened here or this program is not moving.
Mayor Suarez: We do, because we created that department, which didn't exist
in 1985 and I have to admit this is one of the ones that has taken the
longest, I guess it is because of the area in question. Also, it is the first
project I guess, for the group, isn't it?
Mr. Gereaux: Yes, it is.
Ms. Williams: For new construction, yes.
Mayor Suarez: What is the Commission's pleasure? Do you have any other
proposal other than...
Mr. Gereaux: A compromise on the value. They are requesting the site for
$40,000. Maybe what the Commission should do is establish a minimum and a
maximum range it will accept and let us come back with the final numbers. I
mean, they are asking for a write-off.
Mayor Suarez: I think we ought to decide a minimum and a maximum. When you
are negotiating, that's like attorneys telling you they will take anywhere
from $5,000 to $15,000. You tell them I'll give you five then, you know.
What is the Commission's pleasure? Are we going to try to get this off the
ground or not?
Mr. De Yurre: We're getting what, $40,000?
Mr. Plummer: What they are offering is $40,000 in cash.
Mr. William Perry: Mr. Mayor.
Mayor Suarez: Yes, Bill.
Mr. Perry: If you like, I'd like to make a few comments before you take any
action. St. John's has come before the...
Mayor Suarez: Bill, put your name on the record, please.
Mr. Perry: Bill Perry, 850 NW 7th Street Road, and before you take any
action, St. John's has come before the Overtown Advisory Board and we've met
with them on several occasions. We are in complete agreement relative to
their request. We see it as an attempt by a community based organization
within the confines of the Overtown community that gives us an opportunity to
get something off the ground that is somewhat productive of the African -
American community. We know and recognize that the Miami arena and perhaps
194 November 3, 1988
r]
part of Bayside and the James L. Knight Center have come into being due to the
conditions of Overtown. This City has gotten money at the State level and the
Federal level based upon the horrible conditions that exist in Overtown. We
finally have an opportunity with the community based organization indigenous
of that community to do something on its own. We have constantly watched this
Commission as well as the County Commission and other agencies in this
community pander to what I call mediocre African -American ethics. It's the
Overtown Advisory Board's position that this organization has the potential
for developing its property if the City will agree to the $40,000 fee. A part
of that is looking at the capability of persons to purchase the property there
and based upon this $40,000, it puts it within the income bracket of people
that live in that neighborhood so we don't constantly see strangers flowing
into the Overtown neighborhood as a result of the late projects that I haven't
heard too much protest about, such as Cruz Company and its development project
over there and the time has been exhausted and allowing those kinds of
developments to take place. We simply ask that the St. John's Community
Development Corporation be given the same kind of treatment that other groups
that have moved into Overtown and ripped it off as a result of actions taken
by this Commission. So we appeal to you and ask that you will agree with the
St. John's to give them the land for $40,000. If you did what you originally
stated about five years ago, when you promised to purchase the land for two
hundred and some thousand dollars. At that time I think you said that each
piece of property would be sold somewhere in the area of $1,000. If you look
at the figures, I think what St. John's is asking for is somewhere in the
neighborhood of around $1,200, so again, we just simply appeal to you to go
along with St. John's in this effort and give us an opportunity to see
something finally come out of the ground in Overtown as a result of the
residents that live in Overtown. Thank you.
Mr. Dawkins: I agree with Dr. Perry, I only have to correct one wrong
statement. The City of Miami did not rip the citizenry off. The courts
ripped us off, Dr. Perry, in that people like Tom Post, who purchased the land
from us for $15,000, and the courts made the City of Miami pay Tom Post
$150,000 for a piece of property he paid $15,000 for, so you are right sir, we
got ripped off, but this Commission didn't do it, the courts did it, but the
end result is the same, we got ripped off.
Mr. Plummer: Well, let's also put on the record, we got ripped off by Dade
County when they took that one piece of property by fast action take and they
set the price about $1,500,000, Herb? - about $1,500,000 in fast action take.
We wound up paying over $5,000,000 and we had no say, whether it was a quick
action take or not. We just had to pay the bill.
Mr. De Yurre: Mr. Mayor, my concern, and I want to get this thing rolling,
because I want to see it off the ground, and I want see people living there,
my concern is, what happens if, and I want to have some security, because I
don't mind giving up the land if we are going to have actually people living
there and benefiting from this.
Mayor Suarez: Well, we are going to build that into the second part of the
whatever motion we make today, which is that he is going to come up with a
timetable, but at least approve the amount in concept so they can continue
with their plans.
Mr. De Yurre: I am not talking about a timetable per se right now, I am
talking about some security, for example, what if some of these units going
into foreclosure? - example. Now, we end up losing our land, or just getting
$40,000 for it, and we don't get the benefit, but I would be willing to give
up the land for, which is having people living there. You know, I'd like to
have some safeguards where we have, even if we don't receive any money for it
for X number of years, but at least have a mortgage there in place to where we
have some remedy to come into play about getting some of our money back if it
turns out that we don't get what we want, which is people actually living on
the property.
Mr. Dawkins: I don't think, that we... me personally, that we are going to
have any difficulty in foreclosures. The property that we have in Liberty
City, we had seven units, and we got over 100 people desiring to move in, and
we also have the first units there in the Overtown/Park West area sold out, so
we have people,
Commissioner De Yurre, who are paying $600 a month rentals that could afford
to pay $400 mortgage, but the problem is, they do not have the down payment
195 November 3, 1988
and what this group is trying to short-circuit, is the downpayment and to make
It where these individuals who are paying $600 a month rent and who cannot
scrape up the down payment will be able to come into something and just like
they don't get dispossessed for paying $600 a month, they probably will not
get dispossessed for $400 a month. But, now there should be a reverter clause
where the City of Miami has first right of refusal where if the individual
does foreclose, it reverts back to the City of Miami. Perhaps you need
something in there that says that an individual cannot resell it for 15 years,
I don't know, but that's...
Mayor Suarez: We do have a resale clause.
Mr. Gereaux: Commissioner, that disposition agreement will be back before
this Commission and we will put in the kind of safeguards I've heard everybody
talking - I agree.
Mr. De Yurre: Which is basically what we did with that other program also.
Mayor Suarez: You don't want anybody to profiteer off of these and, at the
same time, if you have a foreclosure, you may want to say that somehow,
whoever finances this ought to keep in mind what the actual value of this land
is. I think that's what the Commissioner's thinking about, you know, so that
they don't end up with the property without having to take us into
consideration. I don't know how that can be built into it.
Mr. Gereaux: The contract that comes back will have those safeguards, I
assure you of that.
Mayor Suarez: I'll entertain a motion on whatever amount you propose with the
understanding that you have to come back with the timetable and the contract
terms.
Mr. Gereaux: Yes, sir.
Mr. De Yurre: I move it, the $40,000.
Mayor Suarez: I'll second.
Mrs. Kennedy: Moved and duly seconded. Any further discussion?
Mr. Plummer: Yes, let me understand. You are making a statement to this
Commission that if this price is approved at $40,000 for 28 homes, that the
maximum price that would be charged to the owner is $52,000.
Ms. Williams: That's correct, that's the estimated cost.
Mr. Plummer: No, no, no, not estimated now.
Ms. Williams: Yes, $52,000.
Mr. Plummer: Not to exceed $52,000.
Ms. Williams: Not to exceed $52,000.
Mr. Plummer: Total.
Ms. Williams: Total.
Mr. Plummer: I'm going to vote for the motion, I am still very concerned and
I have to put it on the record. We have damn few parcels left. We have very
few precious dollars left and if we do this kind of thing for you, how are we
going to do it for Flagami? How are we going to do it for other areas of this
town? I mean, this is rapidly coming to a dried cupboard and people are going
to be looking; like he said, there were seven units and a hundred people
applied. Who plays God to what seven people get those units and the other 93,
we're sorry? And, you know, I don't know how you do this without replenishing
the fund not only of land but of money and we're coming to a conclusion that
says the cupboard is bare. I'll go along with it, long knows that Overtown is
deserving, but what happens if another group comes in Overtown? Or were they
going to accept this Commission's truthfulness when we say we don't have any
more money and that's what we're talking about, and we're there. Yes, I'm
finished.
196 November 3, 1988
Mrs. Kennedy: Any further discussion? please call the roll.
The following motion Mat introduced by Commissioner De Yurre, Who moved
its adoptions
MOTION NO. 88-1069
A MOTION APPROVING IN PRINCIPLE AN AMOUNT OF $40,000
TO ST. JOHN COMMUNITY DEVELOPMENT CORPORATION AS THE
PRICE FOR SITES 10 AND 11 IN OVERTOWN TO BE USED FOR
AFFORDABLE HOUSING; FURTHER DIRECTING THE CITY'S
HOUSING CONSERVATION AND DEVELOPMENT AGENCY TO COME
BACK BEFORE THE CITY COMMISSION TO PROVIDE A TIMETABLE
AND THE TERMS OF THE CONTRACT.
Upon being seconded by Mayor Suarez, the motion was passed and adopted _
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: I vote yes, but I vote yes, but say that I have a problem. And
my problem is I know that we will never be able to duplicate any more houses
for 452,000. So we are going to build 28 houses and whet people's appetite
for a decent home and we will not be able to duplicate it. And I've expressed
this to all of you and I'll say it up here again, we going to give you the —
land but I think that you should think in terms of producing a unit that we
can continue to produce and provide everybody with rather than doing a unit -
and this is just my personal opinion -at $52,000 and then when other people
look, we got to go to $62,000 because we can't reproduce it. I vote yes.
Ms. Williams: Thank you.
NOTE FOR THE RECORD: Newly elected County Commissioner, Charles
Dusseau, was recognized in the audience.
62. LATIN QUARTER FIESTA granted $6,120 in -kind and street closure
------------------------------------------------------------------------------
Mayor Suarez: Item 84, Little Havana Development Authority. I guess I should
recognize some members of a law firm that supported Mr. Dusseau at my request,
but maybe we shouldn't tell the press too much, I don't know.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: That's right, Lou. Yes, sir.
Mr. Mario Pestonit: My name is Mario Pestonit and I....
Mayor Suarez: Latin Quarter Fiesta.
Mr. Pestonit: Yes. I'm...
Mayor Suarez: What is Latin Quarter Fiesta?
197 November 3, 1988
Mr. kestonit: I'm chairman of Latin Quarter Association and vice chairman of
the Little Havana Development Authority, and on behind of those two
institutions I come to you, air, for help, small help, for the holidays. On
December the 3rd, we plan to have a holiday on Little Havana, especially on
Latin Quarter. We have plan to have a parade on December the 2nd the special
events in December 3rd and 4th from one to six and...
Mayor Suarez: Let me interrupt you for a second, what exactly are they asking
for and what can we help them with?
Mr. Odio: It adds up to about - police, they need police for three days and
insurance, it adds up to $6,120.
Mr. Pestonit: In -kind help.
Mayor Suarez: I'd like Commissioner Dawkins, if I may put him on the spot a
little bit here, to recommend something here. I'm hoping that - we had a task
force set up for S.W. 8th Street and I've not been able to move on it. God
knows, the area between where your business is between 12th Avenue and 17th
Avenue needs all the help in the world and we haven't done one heck of a lot
for it and I'd like maybe the Commissioner to work with you to try to improve
the area. This may be one important item of it...
Mr. Pestonit: It's one of the purpose. We've been working on this project
for two months, when three institutions, Latin Chamber of Commerce, with
Little Havana and City of Miami.
Mrs. Kennedy: This is in the boundaries of the Latin Quarter, right.
UNIDENTIFIED SPEAKER: You're always have me there, so I don't know.
Mr. Pestonit: And we need this in -kind help for...
Mr. Dawkins: Mr. Mayor, I'll be glad to work with them and as you said, this
is the area just like 62nd Street and all that we... and the same area
Overtown Park West that we have to develop because if we develop only certain
areas in the City and allow the others to continue to deteriorate, we don't
ever do anything. So I'll be glad to work with them and I move that we find
$6000 somewhere....
Mr. Plummer: Second.
Mrs. Kennedy: Second.
Mayor Suarez: So moved and seconded. We concentrated a lot on east Little
Havana, east of 12th Avenue and it's now time to get back to west of 12th
Avenue because up to 17th and maybe even 19th or 20th Avenue, it's been
greatly affected and I guess you survived it with you business which is a
rather nice looking....
Mrs. Kennedy: Well, this is where the Latin Quarter will be. This is in the
boundaries of the Latin Quarter so....
Mayor Suarez: Exactly.
Mr. Plummer: Don't hold your breath.
Mr. Pestonit: Yes, it's on the boundary of the Latin Quarter.
Mayor Suarez: We have a motion and a second. Call the roll.
198 November 3, 1988
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1070
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $6,120
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
IN SUPPORT OF THE LATIN QUARTER FIESTA TO BE CONDUCTED
BY THE LITTLE HAVANA DEVELOPMENT AUTHORITY, ON
DECEMBER 2-4, 1988 IN THE LATIN QUARTER AREA,
CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF
MIAMI ADMINISTRATIVE POLICY NO. APM-1-84, DATED
JANUARY 24, 1984; PROVIDING FOR THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND
ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE
OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE,
RESCUE AND INSPECTION SERVICES, CONDITIONED UPON THE
REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY
POTENTIAL LIABILITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Dawkins: Lori, I'll meet with you anytime, OK?
Mayor Suarez: I think the implication of the motion too and at least my
suggestion and the rest of the Commission has gone along with it is that
Commissioner Dawkins should be the king of this festival that you're having
there and make sure that he's treated appropriately when he goes over there
now. Sometimes you - do you want to be king? I don't want to say the queen,
you know...
Mr. Dawkins: Hold it, now, I don't want to be the queen.
Mr. Pestonit: Thank you.
Mrs. Kennedy: You would look so cute.
Ms. Lori Weldon: No, no, no, no, don't call the next one.
Mr. Dawkins: Hold it, hold it, hold it, go ahead...
Mr. Plummer: How about the Mango Strut?
Ms. Weldon: OK, Lori Weldon, 160 N.W. 44th Street. On this with your
discussing in -kind services, I don't have a dollar amount in front of me, but
I wish you'd consider that when I come before you with the group that is going
to put on a concert and donate proceeds to the inner-city parks and also
rewarding them in -kind services so, therefore, more proceeds would go to
inner-city parks.
Mayor Suarez: OK, but remember when we do those kinds of things, a lot of
times we take into account the fact that if we're just going to give you money
so you have a fund-raiser to give money for something that we want to do
anyhow, sometimes, it's better for us just to do it.
Ms. Weldon: I don't want to get...
Mayor Suarez: But we're going to hear you.
199 November 3, 1988
0
Ms. Weldon: OK.
Mayor Suarez: We're going to hear as we always do.
Ms. Weldon: Of course.
Mr. Dawkins: Jesus Christ, the godfather again?
----------------------------------------------------------- --- _-
63. LITTLE HAVANA DEVELOPMENT AUTHORITY TO RUN DOMINO PARK - $27,112.20
budget approved
Mr. Odio: Mr. Mayor, on 85.
Mr. Dawkins: Eighty-five, are you again?
Mr. Odio: Yes, air, I have reviewed their budget for the Domino Park.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: As long as he doesn't come back for at least the next year.
Mrs. Kennedy: Do you want a chair here?
Mr. Odio: It is a fair amount, it's $27,112.00...
Mayor Suarez: Somebody explain that to him.
Mr. Odio: We said when we gave them to the park to manage, that we would give
them a small budget to work with. I'm happy to also say that the park is
working very well and they're opening on Saturdays now.
Mayor Suarez: OK, we're opening on Saturdays, does that mean we're entitled
to a headline in the newspapers and so on? That we're not just limiting it to
five days a week...
Mr. Odio: It's been open on Saturday.
Mayor Suarez: ... we're opening the park on Saturdays.
Mrs. Kennedy: What are they asking from us?
Mr. Odio: It is a budget to run the park, it's $27,112.20 for the whole year.
Mayor Suarez: Mr. Sabines, Commissioner Dawkins wanted me to ask you in
Spanish, sir, este es el ultimo asunto en el caul to vamos a ver a ud. aqui
hoy? Me to promete?
Mr. Luis Sabines: A las dos de la tarde estoy aqui.
Mayor Suarez: Do you promise this is the last item, sir, that we're going to
see you for for at least the next 12 months?
Mrs. Kennedy: Don't hold your breath.
Mr. Plummer: Don't hold your breath. Don't hold your breath.
Mayor Suarez: He's saying that we should be thanking him instead of - the
park is looking a heck of a lot nicer than it had. I'm not sure I'm ready to
thank him yet.
Mr. Plummer: Is part of this money going to buy him a wig? Don't tell him
that in Spanish.
Mayor Suarez: I'll entertain a motion on....
Mrs. Kennedy: I move it.
200 November 3, 1988
•
6
Mr. Odio: I'm not going to translate. I'm not translating that.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-1071
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$27,200 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND, TO THE LITTLE HAVANA DEVELOPMENT AUTHORITY, INC.
FOR SAID ORGANIZATION'S OPERATION AND MAINTENANCE OF
THE CITY -OWNED MAXIMO GOMEZ (DOMINO) PARK; AUTHORIZING
THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY
OF MIAMI AND SAID ORGANIZATION SETTING FORTH THE
DUTIES AND OBLIGATIONS PERTAINING TO SAID GRANT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: What is this motion for?
Mrs. Kennedy: To grant them their request...
Mayor Suarez: This is the funding of Domino Park.
Mr. Plummer: Oh, the twenty-seven? -yes.
Mrs. Kennedy: ... Maximo Gomez park.
COMMENTS MADE FOLLOWING ROLL CALL:
Ms. Lori Weldon: Do I have to repeat my name? Yes, OK.
Mayor Suarez: Ma'am, I see you at the mike. There's some implication that
you might want to be heard on this item that we just voted on?
Ms. Weldon: Yes, on item 85 too. On what considerations do other City of
Miami parks get being that they're being awarded $27,112.20?
Mr. Odio: No, no, no, excuse me, excuse me, you got it wrong.
Ms. Weldon: Yes. I want it clarified - yes.
Mr. Odio: We have that park to them to manage and we agree at that time that
they would have a budget and that we would fund that budget to run that park
for us.
Ms. Weldon: OK, all right, well, are you considering this move with other
City parks, if that's the case?
201 November 3, 1988
Mr. Odio: Yea, we are.
Mayor Suarek: Yes, ma'am.
Mr. Plummer: Yes, we got ripped off...
Ms. Veldon: OK.
Mr. Odio: African Square park.
Mr. Plummer: We got ripped off with Bayfront Park already.
Mrs. Kennedy: See what Bayfront park started?
Ms. Weldon: Don't hold me responsible for Bayfront Park.
Mrs. Kennedy: You see. Everybody wants to do it now.
Mr. Plummer: You set the precedent with $600,000 - you know, just a little
$600,000 to Bayfront Park.
Ms. Weldon: Don't hold me responsible for Bayfront Park.
Mrs. Kennedy: Everybody wants to do what Bayfront Park is doing.
Ms. Weldon: OK.
Mrs. Kennedy: Excuse me, Mr. Manager, which reminds me that to make it legal,
they should interview three companies like we did in Bayfront Park. Right,
Lori?
Ms. Weldon: Yes, sure, right.
Mayor Suarez: Now, do I remember correctly that you're vice chairman of the
Bayfront Park Management Trust?
Me. Weldon: Yes.
Mr. Plummer: Well, I want to tell Mr. Sabines, and you tell him for me...
Ms. Weldon: They haven't kicked me out yet, they're trying.
Mayor Suarez: Vice chairperson.
Mr. Plummer: You tell Sabines if he buys three telephones for $6500, that I'm
going to be back looking at him.
Mr. De Yurre: But those were...
Mr. Plummer: Because that's what Bayfront Park, three phones for $6500.
Mrs. Kennedy: No...
Mr. De Yurre: Domino sets. Domino sets for sixty-five hundred...
Ms. Weldon: One other question, please.
Mr. Plummer: N00000.
Mrs. Kennedy: There you go again.
Me. Weldon: One other question, OK? If, in fact, you are working on this,
can I have a timetable and what parks that currently you're reviewing, a list
of...
Mayor Suarez: No, no, we take them up as they come up, Lori. If somebody
- wants to adopt a park and really take full...
Ms. Weldon: And give a budget? And you're going to get a supplemental
budget?
Mr. Odio: We're going African Square...
202 November 3, 1988
Mayor Suarez: Well, now understand, we have budgets for each park for
maintenance of each park, as you well know. If somebody can afford to do it
for less or improve it in the process, or whatever, we're interested in that,
reasonably interested in that.
Ms. Weldon: OK, we'll talk.
Mayor Suarez: Somewhat interested in that.
----------------------------------------------------------------------------
64. TEATRO AVANTE TO REPRESENT CITY AT DAYTONA BEACH FESTIVAL granted $4,500
-----------------------------------------------------------------------------
Mayor Suarez: Item 86, Teatro Avante. What, in heaven's name...
Mrs. Kennedy: Move it.
Mr. Dawkins: No.
Mr. Plummer: Oh, no, no, no, I've got to hear from this bearded one.
Mayor Suarez: Statewide theater festival.
Mr. Plummer: No, no, no.
Mr. Wilfredo Borroto: Should I state my name?
Mr. Plummer: God bless the man who doesn't drink, he gets up in the morning
and doesn't feel any better the rest of the day.
Mr. Borroto: My name is Wilfredo Borroto. I'm an architect with offices at
3121 Commodore Plaza in Coconut Grove. I'm here to represent the Teatro
Avante, I'm on their advisory board. Teatro Avante is one of the oldest and _
most respected...
Mr. Plummer: Resides at the Key Biscayne Yacht Club. I second the motion.
Mayor Suarez: Well, I don't know if you're going to need my vote but for my
vote, I haven't heard enough. Why should the City sponsor the Teatro Avante
to take a trip to Daytona Beach? I don't even know what the Teatro Avante is.
Mr. Borroto: Teatro Avante is the...
Mayor Suarez: I know you, you're a nice guy.
Mr. Borroto: Teatro Avante is much nicer than I. Teatro Avante is one of the
oldest and most respected theaters in Dade County. Teatro Avante represented
the United States in Mexico, in the international theater festival in Mexico.
The Teatro Avante hosts - has been hosting for the past four years the
Hispanic American, I mean the Hispanic theater festival in Miami and now we
have an opportunity of going to Daytona which in a state festival of the
entire state of Florida to represent Miami. We have a production of about
$35,000 and we are requesting, I believe, $4,500 for this endeavor.
Mayor Suarez: Do we have any money in the festival policy budget? I'm not
going to ask any more questions, but I think I've indicated how I'm going to
vote on this.
Mr. Plummer: Call the roll.
Mrs. Kennedy: Call the roll.
Mayor Suarez: Anything further from the Commission? Call the roll.
203 November 3, 1988
The following resolution WAS introduced by Commissioner kohnedy, who
moved its adoption:
RESOLUTION NO. 88-1072
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $4,500
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN
SUPPORT OF TEATRO AVANTE, INC., TO DEFRAY THE COSTS
ASSOCIATED WITH THE ORGANIZATION'S PRESENTATION OF THE
PLAY "AN EMPTY SHOE BOX" AT THE UPCOMING STATEWIDE THEATER
FESTIVAL IN DAYTONA BEACH ON NOVEMBER 16-20, 1988, WHERE
THE AFOREMENTIONED ORGANIZATION WILL REPRESENT THE CITY OF
MIAMI, SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL
COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY APM-1-
64, DATED JANUARY 24, 1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
_ Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Mayor Xavier L. Suarez
ABSENT: None.
NOTE FOR THE RECORD: Item 87 (minority participation and Miami
Cable franchise) was withdrawn.
-------------------------- ---------- --------- ---------------------------------
65. FLAGLER STREET BLOCK PARTY SPONSORED BY DOWNTOWN DEVELOPMENT AUTHORITY
granted street closure and beer/wine permit
------------------------------------------------------------------------------
Mayor Suarez: Item 88, Downtown Development Authority. Peter, before you
even suggest that we're asking for money for this, let me just take that out.
As chairman of the DDA, let me at my prerogative, we're not asking for money,
we just want the permit for beer and wine, and I'll entertain a motion on
that.
Mr. Plummer: Yes, you know what's funny, the signs are all up downtown
already announcing this. What happens if we don't close the street? The sign
comes down?
Mayor Suarez: Actually, I think the beer and wine is automatic to the Manager
so...
Mr. Odio: And street closures, you need.
Mayor Suarez: And street closures. I think we gave them authority to do
that. They didn't even have to be here for that, I don't think.
Mr. Plummer: No, not street closures.
Mayor Suarez: OK, well...
Mr. Peter Andolina: Mayor, the police services and sanitation...
Mr. Plummer: You pay for.
204 November 3, 1988
Mayor Suarez: pay for it out of DDA.
Mr. Plummer: Out of the beer and wine.
Mr. Andolina: The beer and wine profits are going to - they're being operated
by Kiwanis Club, they're going to the Challenger Seven Memorial.
Mr. Plummer: Then find some other place to pay for them.
Mayor Suarez: I just don't think it's going to fly and, you know, these kind
of things, it's better to...
Mr. Plummer: Oh, I'll move 88. I'll move 88.
Mrs. Kennedy: Mr. City Attorney, do I have any conflict of interest since
Monty's is involved, Monty Trainer's downtown. I see Manny's name as chairman
of the committee.
Mr. Jorge Fernandez: Yes, and you are related professionally...
Mrs. Kennedy: So I abstain then.
Mr. Fernandez: Yes.
Mayor Suarez: OK, an abstention recorded.
Mr. Plummer: Well, I used to have a business on Flagler Street, should I
abstain?
Mayor Suarez: Do we have a motion on the closure and the permits?
Mr. Plummer: I moved it.
Mayor Suarez: Do we have a second? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1073
A RESOLUTION CONCERNING THE FLAGLER STREET BLOCK PARTY TO
BE CONDUCTED JOINTLY BY THE DOWNTOWN DEVELOPMENT AUTHORITY
AND THE NEW WORLD CENTER FOUNDATION ON NOVEMBER 10, 1988
PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH
VEHICULAR TRAFFIC; ESTABLISHING A PEDESTRIAN MALL SUBJECT
TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE
AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING A
ONE -DAY PERMIT TO SELL BEER AND WINE IN CONNECTION WITH
SAID EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED
BY LAW; CONDITIONED UPON THE REQUIREMENT THAT THE CITY
WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON
ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSTAINS Vice Mayor Rosario Kennedy
ABSENT: None.
205 November 3, 1988
rrwriiii�.i.rr."w—a�wrriiYr r:.iiiiii...r iiriiirrr w—r.rwrw—art-.rr--.r arw—w.�--.w—war�ii i �:s.r+►i
66. CRUISE N' TRAVEL - IN ESPANOL MAGAZINE allocated $25,000 for tourism
promotion.
Mayor Suarez: Item 89, Peter.
Mr. Plummer: I'll move 89.
Mrs. Kennedy: I second 89, you were faster than I was.
Mr. De Yurre: Second.
Mr. Plummer: Call the roll.
Mrs. Kennedy: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1074
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $25,000
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN
SUPPORT OF TOURISM PROMOTION IN THE SPANISH EDITION OF
CRUISE N' TRAVEL MAGAZINE PUBLISHED BY INDEPENDENT
PUBLISHING COMPANY, INC., FOR THE PURCHASE OF TEN (10)
COLOR PAGES OF CITY ADVERTISING IN UP TO TEN (10) ISSUES
OF SAID MAGAZINE DURING FISCAL YEAR 1988-89 AT A COST OF
$2,500 PER PAGE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: I vote no on 89. No, on 89.
67. DISCUSSION CONCERNING 1989 WORLD OFFSHORE POWER BOAT CHAMPIONSHIPS
Mr. Plummer: Ninety.
Mr. Odio: Number ninety, Mr. Mayor, they come in to ask for $15,000 in
support of this bid for the world offshore power boat championships.
Mrs. Kennedy: This is the one I wanted to make sure...
Mrs. Kennedy: ... that they speak to the trust because they have not been to
Bayfront Park Trust to approve this.
Mr. Odio: That's right, so I think they should go there first. They have not
talking to us...
Mr. Plummer: Yes, but wait a minute, you can't...
Mr. Odio: But they are asking for something that they cannot be given.
206 November 3, 1988
i
Mrs. Kennedy: Oh, you have been?
Mr. Plummer: They're asking for something we can't do and that's the waiver
of the 4,000 ticket restriction.
Mr. Odio: We cannot do that. We cannot do that.
Mr. Plummer: It's no way. That's built in, we can't do it.
Mr. Odio: For anybody. Well, what you should do then before flaking a
presentation here, you should make a presentation to the trust. Contact
Commissioner Kennedy's office and they'll tell you where to go.
Mayor Suarez: Are we referring this item to the Bayfront Park Management
Trust?
Mr. Odio: Yes, sir. —
Mrs. Kennedy: Yes, they have not come my office, they have not been to the
trust as far as I know.
Mayor Suarez: This is getting very tight on the date. You're going to have
to do it awfully quickly.
Mrs. Kennedy: Speak to my assistant, Marta, who's sitting right there and
she'll direct you as to what to do.
Mayor Suarez: Am I reading this right? It's November 8 - 12th, 1989?
Mr. Larry Kaiser: Yes, sir, yes, sir.
Mr. Plummer: Yes.
Mrs. Kennedy: Yes.
Mayor Suarez: Oh, very good.
Mr. Kaiser: In addition to that item, however...
Mayor Suarez: Why don't you give your name on the record if you're going to
make a statement, sir?
Mr. Kaiser: Excuse me, my name is Larry Kaiser, I'm the president of National
Promotions Syndicate. I'm based in Deerfield Beach and we're an event
marketing/promotion management agency and over the course of the past seven
months, we've been laying the foundation to bring the world offshore power
boat championships to Miami, particularly downtown and centered at Bayside and
Miamarina. Before I could launch into these items that I have in the
proposal, we've also come to somewhat of a financial impasse in going to bring
the bid out to St. Louis and to try and secure the event to bring it to the
City of Miami. And that is we need $15,000 to go out to St. Louis and bring
to the American Power Boat Association to register a bid on behalf of the City
of Miami and that bidding process takes place...
Mr. Odio: We can give you help in preparing the bid documents and preparing a
package for the City so that you can meet with him.
Mrs. Kennedy: Ira Trust... Ira Trust, Ira Katz, could you...
Mayor Suarez: Ira Trust, he's going to change his last name to Trust.
Mrs. Kennedy: That was a Freudian slip, could you please identify yourself...
Mr. Ira Katz: Ira, right.
Mr. Kaiser: What would I need to do? Commissioner.... $15,000. We're going
through a situation...
Mrs. Kennedy: ... to this gentleman and together with him to schedule him to
appear before the trust.
207 November 3, 1988
Mr. Dawkins: bK, I need to know if there's a profit, what happens?
Mr. Kaiser: I'm sorry, Commissioner. I'm sorry, Commissioner, I didn't hear
your question.
Mr. Dawkins: I still need to know...
Mrs. Kennedy: He asked, if there's a profit, what happens?
Mr. Dawkins: If there is a profit, what?
Mr. Kaiser: What I'm proposing in my proposal here that I wanted again to add
on, was this, 1 was going to answer your question directly. When we get the
event, it's somewhat of a risk...
Mr. Dawkins: If there is a profit, what?
Mr. Kaiser: What I have proposed here is that revenue that we gain from
the...
Mr. Dawkins: If there is a profit, what?
Mr. Kaiser: Twenty percent to the City.
Mr. Dawkins: Thank you.
Mr. Plummer: What? Where does - well, wait a minute. Where's the 80 percent
go?
Mr. Kaiser: Well, we have to produce the event.
Mrs. Kennedy: Is this a non profit?
Mr. Kaiser: No.
Mr. Plummer: Well, wait a minute. Why do we need you?
Mr. Kaiser: I mean, that's a good question, Commissioner, but...
Mr. Plummer: No, I'm waiting for a good answer, I mean...
Mr. Kaiser: No, I will, I will. We've undertaken the effort to produce this
event not solely on our part. We're doing it in conjunction with OFPRA which
is an acronym for the Off -Shore Power Boat Racing Association.
Mr. Plummer: I understand that.
Mr. Kaiser: They're locally sanctioned offshore production club here in
Miami. Simply, I don't know if the City's capable of doing it - to answer
your question directly, I have background in producing offshore racing. I
produced... was the sponsorship director for Festival Ventures who produced...
Mr. Plummer: Yes, but people who make 80 percent of the profit put up their
own money.
Mr. Kaiser: Understandable. What we're asking here to do is to be able to go
to St. Louis and bring the bid...
Mr. Plummer: Well, go take out a loan.
Mr. Kaiser: ... to St. Louis. I guess it's that simple. Unfortunately,
again, we're at a financial impasse. If we could do that, that would be
fantastic. We're already put forth 410,000 of our own funds.
Mr. Plummer: Yes, but you're asking us to put more than you're putting and
you're going to give us 20 percent of the return and you're going to get
eighty? No, no, no. No, no, don't insult me, please.
Mr. Kaiser: No....
Mrs. Kennedy: I have a question, have you done this before?
208 November 3, 1988
t
1
Mr. Kaiser: Yes, Commissioner.
Mrs. Kennedy: Where?
Mr. Kaiser: In 1986, as sponsorship director for Festival Ventures, Inc.
which is located here in Miami, we produced the 1986 offshore Grand Prix of
Miami. Again, well with that firm, I was the sponsorship director. It was
centered and located around South Point Park in South Miami Beach and the
Miami Beach arena.
Mrs. Kennedy: Did you make any money?
Mr. Kaiser: Yes.
Mr. Plummer: Wait a minute, was that the Apache race?
Mr. Kaiser: Yes, it was.
Mr. Plummer: Ho, ho, ho, ho. No, that didn't make any money. It lost about
four hundred and eighty some thousand and the guy who ran it, not you, the guy
who ran it has just been indicted. Am I right?
Mr. Kaiser: I suspect, but I'm not...
Mr. Plummer: No, no, don't suspect. He's just been indicted.
Mrs. Kennedy: But why did you say that you made money? I don't under...
Mr. Plummer: Lost it.
Mr. Kaiser: Commissioner, that's like an implication on the part of Apache
power boats, we were the co -producer of the event. We are contracted out...
Mr. Plummer: You said you produced it.
Mr. Kaiser: We co -produced it. Our company was an event marketing company by
the name of Festival Ventures and we co -produced it with Apache power boats.
Mr. Plummer: How much was the overall event, did it lose?
Mr. Kaiser: In excess of $400,000 to Apache.
Mr. Plummer: Almost $500,000 is what the event lost.
Mr. Kaiser: Correct.
Mr. Plummer: OK?
Mr. Kaiser: Our firm did not lose money on it.
Mr. Dawkins: Let me tell you to...
Mrs. Kennedy: Why did you say that you - excuse me, you just told me that you
made money on the event.
Mr. Kaiser: Our firm, as the co -producer of the event made money on the event
through sponsorship...
Mr. Plummer: Ask Leslie Pantin.
Mr. Dawkins: OK, let me tell you what I'm not going to...
Mr. Plummer: Leslie Pantin lost his shirt in that one.
Mr. Dawkins: Let me tell you what I'm not going to vote for. I'm not going
to vote to take a waiver off the $4,000, I mean four thousand ticket on the
amphitheater, and I'm not going to vote to give you exclusive beverage and
novelties concession rights when you're going to only give me 20 percent and
the second thing I'd like to say is, I'm a little miffed at whoever drew up
this list to go to St. Louis when you have here Carol Henderson for the
Bayside Market Place, Mike Collins for the Convention and Business Bureau,
Jerry Burnfield for the Miami Sports and Exhibition Authority, Rodney Barreto
209 November 3, 1988
for the Host Committee, John Kenyon, president for the offshore boating
company racing, the host headquarters and Alan Jacob, your legal counsel, when
you've got Frankie Rolle, George Knox, Pedro Pelaez and Steve Suarez, two —
Latins and two Blacks and you all don't take them nowhere. 1 mean this is
utterly ridiculous to have a team going up there and don't have us
represented. And this is not your fault, now I don't know who drew... unless _
you drew this up.
Mr. Kaiser: Mayor Dawkins, I did draw it up. I extended the invitations, in
writing and in meetings...
Mr. Dawkins: Beg your pardon?
Mr. Kaiser: I extended the invitations in writing.
Mr. Dawkins: To George Knox?
Mr. Kaiser: No, not to George Knox.
Mr. Dawkins: To Frankie Rolle?
Mr. Kaiser: No, I do not know a George Knox.
Mr. Dawkins: To Steve Suarez?
Mr. Kaiser: No, sir.
Mr. Dawkins: To Pedro Pelaez?
Mr. Kaiser: No, sir.
Mr. Dawkins: Well, those are the ones I'm talking about so why did you tell
me you extended an invitation when you didn't extend it to them?
Mr. Plummer: What the hell do they know about boating?
Mr. Kaiser: Sir, they were selected for a specific, you know, for reasons...
Mr. Dawkins: Me too. Mine is because they're Black and Latin, that's the
specific reason with me. OK?
Mr. Kaiser: I understand your point. Your points well taken.
Mayor Suarez: I think he's got a lot of ground work to cover with the
Bayfront Park Management Trust and a few others and we're...
Mrs. Kennedy: Yes, speak to Ira Katz or Marta from my office.
Mayor Suarez: ... not ready to take action on this matter except in a
negative way at this point. So I suggest you go to them first. OK? Unless
any other Commissioners, any other questions on this? Commissioner Plummer, I
guess you've heard a lot of reservations expressed so you're going to have to
satisfy them before the City gets involved in this in any way. But go see the
Bayfront Park Management Trust and understand the system, how it works and
Vice Mayor Kennedy can help you with that.
Mr. Plummer: Well, you know, they've got to make this bid on November the
15th and if they don't have the $50,000, they can save their money, they don't
even go.
Mayor Suarez% Well, I, you know, can't tell them what they have to do.
Mr. Plummer: No, that's a...
Mayor Suarez: I don't think the City's prepared to get involved in this
unless I'm hearing otherwise from anybody.
Mrs. Kennedy: No, not at this point.
Mayor Suarez: OK, thank you, sir.
Mr. Kaiser: OK, sir.
210 November 3, 1988
68. COMMENTS BY RAUL MARTINEZ, ACTING DIRECTOR OF ASPIRA
Mayor Suarez: item 91. You know, this item is almost as bad, I have to
say...
Mr. Odio: They are requesting twen...
Mayor Suarez: ... I know the Vice Mayor asked for it to be on the agenda
because, presumably, because you asked her and...
Mr. Odio: I'd like a...
Mayor Suarez: ... you decided to go through her, but it doesn't have any
back-up, I don't know anything about this.
Mr. Odio: We have not set down with him and I was going to pull him off the
agenda but because it was the Commissioner's request, I left it on there. I
have not met with them.
Mayor Suarez: Madam Vice Mayor, do you have any problem if we have the
administration meet with them to see what this is about and come back?
Mrs. Kennedy: You really never met with...
Mr. Odio: There are here to discuss $25,000.
Mrs. Kennedy: ... he never met with...
Mr. Plummer: No, sir, I got a letter from them telling me they have chosen a
new executive director and I thought that's what they were here for.
Mr. Odio: No, no, they are here... he's here to apply for $25,000 for a
- dropout prevention program.
Mr. Plummer: You know, there is a policy before this Commission we're not
adhering to.
Mrs. Kennedy: Yes, as you see I did not sign this myself.
Mr. Plummer: None of these items come before us until they've been before the
Manager.
Mayor Suarez: That's why I'm saying that I think they...
Mrs. Kennedy: Right. I did not sign this, somebody from my staff signed it
on my behalf and I was not aware that this was on, so please...
Mayor Suarez: I think you'd better meet with staff first, sir, before it
comes back. Are you the new executive director of ASPIRA?
Mr. Raul Martinez: Yes, I am.
Mayor Suarez: Well, we're happy to meet you but...
Mr. Martinez: Let me at least introduce myself.
Mayor Suarez: Yes, or I think I just did for you but go ahead if you want to
do it for yourself.
Mr. Martinez: Sure.
Mayor Suarez: Raul Martinez, right?
Mr. Martinez: Good evening, good evening, Mayor Suarez, Vice Mayor Kennedy
and Commissioners. My name is Raul Martinez, I am the acting secretary for
ASPIRA of Florida, an agency that I know all of you are familiar with in one
way or another.
211 November 3, 1988
Mayor Suarez: We sure are.
Mr. Martinez: ASPIRA has been established in Miami since 1981 and upon your
recommendation I will meet with the City Manager, I have met with the
directors of Community Development, Senor Castaneda and made other efforts
with Parks and Recreation of the City to pursue our request of continued
funding for ASPIRA's programs.
Mayor Suarez: Yes, the Community Development round begins at the end of the
year and is finally acted upon by the Commission before July 1st so you're in
time.
Mr. Martinez: Thank you.
69. UNDERGROUND PARKING GARAGE BENEATH BAYFRONT PARK approve Miami Center's
concept in principle
Mayor Suarez: Item 92, Jeff Bercow and Eli Fineberg.
Mr. Dawkins: Oh, no, we don't want to hear from...
Jeffrey Bercow, Esq.: Good evening, Mr. Mayor, Commission members, my name is
Jeff Bercow. I'm an attorney with the law firm of Steele Hector and Davis,
200 So. Biscayne Blvd. I'm here tonight representing the interests of Miami
Center. Also here with me tonight is our consultant, Mr. Eli Fineberg, my
partner, Dennis Scholl, who has been working with me on the technical and
financial issues relating to our proposal. He'll be available to answer any
questions that you might have. We don't propose, at this point, to go over
old ground because we've spoken about it before with you. We've got our
landscape architect, Mr. Albert Perez, we have our architect, Terry Holt, from
the Russell partnership. We've spoken to each of you on an individual basis.
We've written to each of you to explain our proposal, our project and explain
its history and background. As I said, I'm not going to go over old ground at
this point unless you want to hear that. What we're here to do tonight is to
attempt to preserve the City's option to continue to study the feasibility of
an underground parking garage beneath the south end of Bayfront Park. We want
the opportunity to work with the City Manager's office and his staff on an
official basis to study and resolve all of the issues that have been raised
about an underground parking garage at this location, both publicly and
privately, and to come back to you with a proposal for your final approval.
So what we are requesting tonight is conceptual approval of an underground
parking garage to be located beneath the south end of Bayfront Park consistent
with the outline of the project that we have previously presented to you.
We'd like you to authorize your staff through the City Manager's office to
enter into discussions and negotiations with us in order to work out
essentially the details of the project and all the terms and conditions of the
financing structure. And after those discussions, we will bring back the
project, as refined through those discussions to you for final approval.
Because, essentially, that's as far as we can go this evening and as far as we
can go at this point in time. We need a strong signal of support from the
City Commission that this concept of an underground parking garage, just the
concept itself, is desirable. Once we've got that signal, we can begin to
meet with staff, work out the details and come back with a solution that
addresses all these issues. In the interim and while we're studying that and
while we're discussing it with the Manager's office, we are proposing to
cleanup and resod the south end of Bayfront Park. Right now we're handing out
to you a letter which simply confirms the scope of our offer, what we're
willing to do. We've previously given a copy of that to Mr. McManus - I don't
know if Sergio is still here, he was supposed to have given that to Sergio -
Miriam has a copy of our letter as well. We're also handing you a booklet
which has a set of photos, essentially before and after, the south end of
Bayfront Park as it looks now, it's in a state of disrepair and the south end
of Bayfront Park as we believe it will look once we are finished with our
proposal to clean up and resod the south end.
Mrs. Kennedy: Mr. Mayor, let me just - Mr. Bercow, I'll interrupt you for a
second, what they're talking about is cleaning up and resodding the south end
of the park at their own expense in time for the Super Bowl who will have a
212 November 3, 1988
lot of people coming to our City and we want the park to look finished. This
does not interfere at all with the Noguchi design of the second amphitheater.
At this point we're not talking about that, that's another step that this
Commission will have to decide later on whether we'll build a garage, what
kind of revenues he will bring to the City, what we want to do with the second
amphitheater. At this point, all they're asking is the conceptual approval of
this garage.
Mayor Suarez: Is that understood that that's not binding and could you speak
to that?
Mr. Bercow: We understand that. We understand that completely.
Mrs. Kennedy: And then it will come back to this Commission for final
approval.
Mr. Bercow: For final approval and...
Mayor Suarez: Madam City Attorney, are you satisfied with that verbal
exchange on that issue?
Miriam Maer, Esq.: Mr. Mayor, I just would like to point out if I may, I
received this letter perhaps five or six minutes ago and what concerns me most
without really having had the opportunity to study it in detail is the very
last paragraph.
Mayor Suarez: What does it say?
Ms. Maer: Which says, their offer to do this resodding, etcetera, is, and I
quote, "expressly conditioned upon City Commission conceptual approval of the
Miami Center proposal for a public/private joint venture underground parking
garage to be located beneath the south end of Bayfront Park and authorization
to the City Manager's office to negotiate the terms and conditions relating to
the financing, construction, management and public/private utilization of an
underground parking garage to be located at the south end of Bayfront Park."
Mayor Suarez: The wording sounds like it contradicts your verbal assertion
because it sounds like you're building in some estoppel elements in there,
Jeff. I don't know if it could change the wording of that.
Mrs. Kennedy: But let me also say that it reads, "... all negotiations with
the City Manager's office will be subject to final City Commission approval."
Ms. Maer: That's correct.
Mr. Bercow: Everything is...
Mayor Suarez: Yes, but anything that we do of that sort as to the specific
elements, is always subject to final Commission approval but the idea that we
might just change our minds and that you might have some vested rights is what
concerns us.
Z
1 Mr. Bercow: I did not mean to convey that. I'll verbally amend the letter by
saying, everything is subject to final City Commission approval.
Mr. Bercow: Everything.
Mr. Odio: But am I to understand then that they will sod the park and we have
zero commitments?
Mrs. Kennedy: Zero commitment.
Mr. Bercow: That is correct.
Ms. Maer: May I ask specifically if what the developer is saying and would he
further supply this in writing in addition to putting it upon the record, that
he's specifically disaffirming any rights he may have as a result of the City
Commission action this evening if you choose to go along with this proposal
for conceptual approval and, secondly, I would like him to expressly state
that he agrees he has no right to rely upon this particular approval and also
to recognize that there are outstanding legal issues that have not been
explored such as competitive bidding, such as I am not familiar with the terms
213 November 3, 1988
of the Noguchi contract, but there may be approval rights. If there are,
those need to be explored and any other existing contractual relationships
which may or may not be affected by this proposal and any conceptual approval
by this Commission would have to be subject to all of those areas because they
haven't been explored at this point.
Mrs. Kennedy: I have one question. When you say, competitive bidding, that's
when we're going to pay somebody for services but in this case, they're the
ones paying, they're donating all their work and services so the competitive
bidding is, the clause is out.
Ms. Maer: The competitive bidding that I'm referring to is the charter
language which talks about use of City property and use of City property is
something that is subject to our competitive bidding requirements.
Mr. Plummer: You're not getting any use of City property.
Mrs. Kennedy: No.
Mr. Odio: If they get the parking...
Ms. Maer: They're building a parking garage on City property.
Mr. Plummer: No, no, no, no, no.
Mrs. Kennedy: But this is not an issue.
Mr. Plummer: That's a day to fight later.
Mrs. Kennedy: Yes, that's not an issue on...
Mr. Dawkins: Can somebody...
Mr. Plummer: OK? At this point, my understanding, just for the record, is
all we're doing is sending this, which I had agreed to previously with Mr..
Bercow, is to send it to the City Manager for a feasibility study and
recommend back to this Commission. I did not agree to conceptual approval. I
said that this is your proposal, you want the right to go sit down with the
Manager and talk about it and in return you will do all of these things of
taking out the dead trees. This does not give them any rights at all except
to the talk to the Manager about the feasibility of such a proposal. Now, if
it's any different than that, let's understand it. They have no rights to use
that property, they have no rights to park cars on that property.
Mr. Bercow: That is correct.
Mr. Plummer: They are going to sod it for the right to sit down and talk to
the Manager and have him come back and recommend to us and no further rights.
Mrs. Kennedy: Correct.
Mayor Suarez: Well...
Mr. Plummer: That's my understanding.
Mayor Suarez: They feel better about a conceptual approval without any vested
rights going with it and I have no problem with that because I happen to be in
favor of what they want to do there even if they didn't resod the south end of
the park and, of course, I'd like to see it resodded. So, but you may feel
that you're not ready for that conceptual approval, I don't know. But...
Mr. Plummer: Well, that was never even asked of me, of a conceptual approval.
Mayor Suarez: Maybe that was not the way it was presented to you, I sort of
understood that...
Mr. Plummer: To do a feasibility study. There's really not that much
difference between the two as long as this Commission reserves the right.
Mr. Bercow: Firstly, let me confirm on the record...
Mayor Suarez: Yes, please.
214 November 3, 1988
Mr. Bercow: ... everything that Miriam has asked us to confirm and we agree
to that. I want to also point out that there are any number of issues, not
only legal issues that we'll have to address in the coming months, there's
esthetic issues. There are engineering issues, there are architecture issues,
there are any number of issues that we're going to have to look at and work
out with the City Manager. However, what...
Mrs. Kennedy: And let me just say at this point, we don't know if the garage
is feasible at all. It might never work because of our proximity to the
water.
Mr. Bercow: It may not be feasible on an engineering basis, it may not be
feasible as we discuss it on an economic basis.
Mayor Suarez: Yes...
Mr. Dawkins: And it may be cost prohibitive, who knows?
Mr. Bercow: That's correct.
Mayor Suarez: Right, engineering wise, you can build it, I mean.
Mr. Dawkins: You know, Mr. Mayor, somebody...
Mayor Suarez: Just not maybe cost efficient.
Mr. Dawkins: Somebody here help me. Ever since I've been here this
Commission has constantly made concessions to quote, unquote, the park
designer. Once he wasn't going to give us the plans, then if we didn't do
something else, he was going to get off the project. Then, if you didn't let
him have his way, he was going to do something else. You know, why is it
every time we come to discuss Bayfront Park you tell me that this individual
has the right to defer me from doing what I want to vote for up here? I mean,
where does that come in, Madam City Attorney?
Mr. Plummer: Not you, but others agreed to it.
Mayor Suarez: Yes, but in which sense does that bind us, I mean, suppose we
say now we change our minds, you know, we don't... yes.
Mr. Plummer: He has a contract with the City stating that his concept you
cannot change without his approval.
Mayor Suarez: So, what happens if we don't ?
Mr. Dawkins: So, but you can let him take his concept and go jump in the
ocean.
Mayor Suarez: Right. I mean, what happens if we...
Mr. Dawkins: What's wrong with that?
Mayor Suarez: What, what - Madam City Attorney...
Mr. Plummer: I'm no arguing. Hey, you know, I go back to Joe Carollo's hang
the lanterns on the side of the Bayfront Park Library. You know, I...
Mr. Dawkins: I mean, you know, I mean...
Mr. Plummer: I don't say I agree with it but that's where the problem comes
from.
Mr. Dawkins: I've been here eight years...
Mayor Suarez: I mean, what...
Mr. Dawkins: ... in eight years all I hear is that this gentleman can do this
and if you don't do this because he don't... if you don't part your hair on
the left side, he's going to walk home. If you park it on the right side,
he'll ride home and if you don't do this, he'll take everything and go back to
Japan. I mean, you know, I've just had it.
215 November 3, 1988
-
Mayor Suarez: What does he have that he can hold over on us? I mean,
supposing we just don't want to follow his - can I ask the City Attorney this
question and see if I get a legal answer and you can give me all the policy
answers you want?
Ms. Maer: Unfortunately, I don't have the legal answer for you, although
we'll certainly have it for you before the next meeting.
Mayor Suarez: I've never heard of an architect who can do anything other than
just get upset if his plans aren't followed.
Mr. Plummer: Well, let me give you a few as I recall them, OK? Number one,
the Knight Foundation would not give the money for the laser tower if Noguchi
walked off. That was number one. Lee and Tina Hills would not give the
$110,000 for play toys or whatever the hell it was - what?
Mrs. Kennedy: Play sculpture.
Mr. Plummer: What?
Mrs. Kennedy: Play sculpture.
Mr. Plummer: Playground, play sculptures, play toys, what the hell ever you
want to call them. So these were kind of the conditions. Senator Pepper was
very adamant about the fact Noguchi had to be involved or he wouldn't get
involved with getting the money from the federal government. These were
all...
Mr. Dawkins: No, now, I beg to differ. Senator Pepper got us money because
we were going to name the fountain Mildred Pepper's Fountain. He didn't care
about any Noguchi.
Mrs. Kennedy: OK, if I may interject, Mr....
Mr. Dawkins: He didn't care about the designer, OK?
Mrs. Kennedy: OK, this is not at stake here. We're not talking about the
underground parking at this point or the Noguchi design. All we're...
Mr. Plummer: Yes, we are, he's already said if we go with his park and he's
walking.
Mr. Dawkins: Let him walk.
Mrs. Kennedy: Yes, but I think... I don't think that's final, let's put it
that way.
Mr. Bercow: If I may...
Mr. Dawkins: Well, I'll tell you what. This is one vote he can walk.
Mayor Suarez: Yes, I think what Commissioner Dawkins is saying is that this
is not our overriding consideration and it sure isn't mine, I'll tell you
that.
Mr. Bercow: If I may, I just want to point out that our garage is going to go
under the park, whos ever park it is.
Mr. Dawkins: You see, and...
Mrs. Kennedy: It's only going to raise the park - it's going to raise the
elevation by two feet and that's...
Mr. Dawkins: You know, and I want everybody including every form of the media
to understand. We are not doing this for you to do anything to the park, OK?
I'm doing it simply because I think it's the best thing to do. Now, I believe
it's going to be cost prohibitive because you are at - when you put the shovel
in the ground, you're at the water table, OK? So now, in order to go =
underground, you're talking about actually building a tunnel in which to park
cars. I don't believe it's going... but if you can do it and the City makes
money, I'm with you. Secondly, by your having a parking garage, you are going
to have to have security...
216 November 3, 1988
Mr. Bercow: That is right.
Mr. Dawkins: Therefore, I get a break on my security cost because I know I do
not have to provide that much security in the park. These are the things that
I'm looking at. OK? Secondly, the aesthetically a part of it, I'm looking
at. We have set up here and we gave Gusman Hall the right to renovate, make
offices. We don't have any place for the people to park so, therefore, two
blocks from Gusman Hall we're talking about having a parking garage
underground. You also know that when you go to the InterContinental, you wait
all night for your car because they parking them over there across Biscayne
Boulevard so you got to access to that. That's why I'm in favor of it. I
couldn't care less about your putting in the sod or what have you. I'm
looking at the long range benefit to the City of Miami.
Mrs. Kennedy: OK.
Mr. Dawkins: And that's why I agree with Commissioner Kennedy that we should
approve it in...
Mrs. Kennedy: So moved.
Mr. Dawkins: ... in principle and let's get it done.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Commissioner De Yurre, were you going to say
something?
Mr. De Yurre: Oh, I got plenty to say.
Mr. Plummer: Yes, sir, we get to sod and get all the fixings.
Mr. De Yurre: Where are we at today with the park as far as fixing the south
end?
Mrs. Kennedy: As compared to what?
Mr. De Yurre: As compared to where we were six months ago.
Mr. Plummer: Reaching towards $50,000,000.
Mr. De Yurre: What has happened in the last six months?
Mrs. Kennedy: No, no, no. As far as a shortfall or as far as plans or...
Mr. De Yurre: No, no, where are we at? You know, when are we projected or,
you know, first of all, my feeling is that we stop doing anything at the park.
That's my perception at the south end. I haven't seen any progress really
anything happening in the south end for months. I'd like to know where we're
at, if we're not doing any physical work because there are some RFPs out or
T what's happening?
Mr. Plummer: Haven't seen them winos down there with the beer cans?
Mayor Suarez: I guess what he's saying is that there hasn't been much
progress in the south end of the park in the last couple of months.
Mrs. Kennedy: We do have a short fall, the legislature did not give us the
whole amount this year, instead... We asked for $750,000 which was approved
already the previous year but they gave us $500,000 and $250,000 the following
year. So there's not enough money to complete the south end of the park.
That's when they came to me many months ago, I thought it was a given, you
know, was great for us to have somebody donate the completion of the park and
then if we later decide to build the garage, you know, so be it.
Mr. De Yurre: Yes, well...
Mayor Suarez: In connection with his question, the elements that would
complete the south end of the park in that I don't think are controversial at
217 November 3, 1988
---------------
this point. I presume you were misquoted, Mr. Long, in the Miami Herald when
It said that you had not had time to deal with the play sculptures and that,
in fact, we're awfully close to getting those approved, built and put in place
before Tina Hills changes her mind or whatever. Is that the case, sir, I
hope?
Mr. Pete Long: That's partly the case. Some of those play sculptures go
exactly where you want to build the garage and they are not of a movable
nature. I can't build them and pick them up and move them later. I'll have
to work it out with the architect. Maybe we can put them somewheres in the
park. But I do have problems with that contract but I intend to proceed with
letting it out as quickly as possible.
Mayor Suarez: Aren't they at street level?
Mr. Long: Yes, but for instance...
Mayor Suarez: Basic ground...
Mr. Long: ... one of them is a maze and it's built on spread footings.
Mayor Suarez: I see. How deep?
Mr. Long: I may these are spread footings that you could never move. They
go - well, you can move it but it would be very expensive. They go down 24
inches, but, you know, it's long, it would be a very difficult thing to move.
And so I do have problems with that contract but I can let it out. Really,
the only thing lacking there is the boiler plate that goes up front to let out
a contract.
Mr. Plummer: You know, it would have been cheaper for us to buy Disney World.
Mr. Long: You ask about the south end of the park and we have - the
contractor, six months ago...
Mrs. Kennedy: No, no, no.
Mr. Long: ... four months ago...
Mrs. Kennedy: Don't go into that.
Mr. Long: ... completed, essentially completed the plans and specifications
for the development of the south end of the park. Now, he hasn't 100 percent
complete them. He's put them on hold because at the time we began to talk
about a parking garage.
Mr. De Yurre: Let me tell you what I want. For the November 17th meeting, I
want a full report as to where we're at with the park, why we're not
progressing, if we need more money how much money do we need, where are we
supposed to get it from, what do have already. You know, I'd like to have
like a balance sheet of where the park is at on November 17th.
Mr. Plummer: You'd better get a bottle of aspirin.
Mr. De Yurre: Well...
Mrs. Kennedy: No.
Mr. Long: I won't promise it November 17th, I'll get it as early as I can.
Mr. De Yurre: Well, somebody better have it for November 17th because you
should know exactly what's happening. In fact, you should tell me...
Mr. Long: No...
Mr. De Yurre: ... right now everything I want to know.
Mr. Long: OK.
Mr. De Yurre: OK, but I don't want to know it now. I want it in writing...
218 November 3, 1988
Mr. Long: What do you want to know? Do you want to know what's going to
happen with the parking garage?
Mrs. Kennedy: Pete, Pete, Pete.
Mayor Suarez: Please get it to him.
Mr. Long: Look, I can only do so much.
Mrs. Kennedy: We understand you have a lot of work and we understand and
you're going to get there and we know you will.
Mr. Long: OK.
Mayor Suarez: Do you want to ask any last questions on the fountain?
Mr. De Yurre: Well, no, I just wanted...
Mr. Plummer: I want to ask Mr. Long what express his concerns? I think it's
legitimate. This is a man who's a supervisor that we're paying $6,500 for a
telephone and I think he ought to communicate with us.
Mr. Long: I don't intend to use any $6,500 telephone.
Mayor Suarez: We'll take it back.
Mr. Long: I do have some concerns and these people already know about that
with what they want to do in that...
Mr. Plummer: Well, express them to us, we're voting.
Mr. Long: In that what they want to do will not solve the immediate problem
of the south end because I have - I'm telling you I want to spend some money.
What they want to do is go in and sod the back part of the park but we have a
very unsightly looking sidewalk that's been there for years and I need some
latitude to go and replace part of that sidewalk.
Mayor Suarez: Oh no, wait a minute, wait a minute, wait a minute. I thought
we were going to replace all of that sidewalk, are we not?
Mr. Bercow: That's not part of our plan.
Mayor Suarez: What are you going to do with the sidewalk?
Mr. Plummer: Trip over it and file a lawsuit.
Mr. De Yurre: It will be.
Mr. Bercow: Our plan is to clean it up, take out the dead trees, dead shrubs,
trash, the debris and to resod the bare and patchy areas in the south end of
the park.
Mayor Suarez: I see what you're saying.
Mr. Bercow: We've discussed with the Vice Mayor the concept of repairing
sidewalks or replacing sidewalks. It's frankly not in our budget. However,
we understand that the City's contractor is supposed to take out some of the
trash and debris in the park. If there is any cost savings, then we'll
allocate those cost savings...
Mayor Suarez: I see what you're saying, you're going to try to build....
Mr. Bercow: ... to the repair and replacement of sidewalks. We're not going
to undertake....
Mayor Suarez: ... what the contractor onto the price that we've got already
for the removal of that and see if we can mesh together and end up being able
to complete the south end of the park and make it look reasonably nice and not
create a hazard for people walking through there and still not cost us
anything additional.
Mr. Bercow: That is right.
} 219 November 3, 1988
•ri' 1% �. ii'.td 1.
Mayor Suarez: I see what you're saying. And all of that, of course, has to
be supervised by the Manager.
Mr. Plummer: What else, Mr. Long?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: And wait, whoa, whoa, whoa, whoa. I want to hear your other
concerns.
Mayor Suarez: What other concerns?
Mr. Long: My other concern is the plaza in front of the Challenger Monument.
Arrangements had been made to construct that plaza, it's just concrete slab. _
Under the contract that I was going to let for the phase I development of
Chopin Plaza, this would have more than just sodded the area, it would —
provided irrigation, provided drainage and several other things, some
temporary electric to the Challenger Monument. Under this plan, that area
will not be done and I need - I would like permission to write something and I
don't know exactly what I'm going to do it, I maybe ask permission to add that
concrete work onto an existing contract...
Mayor Suarez: Pete, but you started talking about a plaque, a concrete plaque
or a concrete based plaque. There's already a concrete base plaque on the bay
walk that is in memory of or in recognition of Claude Pepper's efforts. That
didn't seem to create any monumental issue for the Challenger Memorial.
Mr. Plummer: No, no, no. If I understand what he's saying, the Challenger
Memorial itself, it's what, some 10 floors high?
Mayor Suarez: No, no, he was - he started talking about a little pedestal for
a plaque. I mean that...
Mr. Long: No, no, no, this is... no, this is the...
Mr. Plummer: No, no, the base for the actual - what is it, a hundred foot
high?
Mr. Long: Yes. Ninety-five feet above the ground.
Mr. Plummer: Well, excuse me, call me a liar for five feet, I'm going to...
Mr. Long: No, but it's longer than that if you talk about what goes in the
ground. No, this large plaza that goes in front of that, that paves the area
from the monument to the sidewalk and I would really like...
Mayor Suarez: Ahhhh, the old plaza that we're going to get donated tiles and
everybody's going to come in and...
Mr. Long: That's correct.
Mrs. Kennedy: ... and everybody, we're going to those tiles. We're
already, we're working on a budget, we're working on a plan and that should
not be a concern...
Mayor Suarez: And she believes all of that.
Mrs. Kennedy: ... and you will not be doing that, we're going to get all the
= people involved. INAUDIBLE STATEMENT.
Mayor Suarez: Leaving out the Challenger Memorial little section there, I
presume.
Mr. Long: Oh, yes, that whole corner will not be finished.
Mayor Suarez: I see the nodding of the heads. In that Challenger Memorial,
how are we doing on the funding of that, because the progress of the building
of it isn't going very fast which leads me think that the funding must not be
going very well.
Mr. Long: Very poorly.
220 November 3, 1988
Mr. Odio: No, it isn't. It isn't, t talked to Ralph Renick about it and We
having problems.
Mr. Long: We recently...
Mayor Suarez: How much do they need! How much do they need?
Mr. Plummer: $200,000.
Mayor Suarez: No, no, I mean the shortfall...
Mr. Plummer: More?
Mayor Suarez: ... is how much?
Mr. Plummer: The whole project was projected at $200,000.
Mr. Long: I could only give you a...
Mrs. Kennedy: What was that cost, Pete?
Mr. Long: .. a seat of the pants estimation.
Mayor Suarez: Please, we'll take anything at this point.
Mr. Long: I think with $50,000 he could get out of the ground and build the
triangular walls that support the monument. From that point on, I believe a
lot of work could be done by donation, but right now, there's really a serious
need for $50,000.
Mr. Plummer: But is that over where this proposed garage would go?
Mr. Long: No, the garage stays to the east of this area.
Mr. Plummer: Well, why is that a conflict then?
Mr. Long: There's no conflict with the garage, there's a conflict...
Mr. Plummer: I asked you for your areas of concern if we proceeded forward
with this feasibility. The sidewalks, to me, is a legitimate concern as far
as liability.
Mr. Long: I'm sorry, I didn't know you were asking me about my areas of
concern with the feasibility study.
Mayor Suarez: Yes, that was it.
Mr. Plummer: Of this is before us.
Mr. Long% I don't have any with that at all.
Mayor Suarez: OK.
Mrs. Kennedy: That's what I said, the other thing has nothing to do with...
Mr. Long: I was just concerned about what's actually going to be done within
the next couple of months.
Mayor Suarez: Yes, he was also responding to the prior question by
Commissioner De Yurre on com...
Mr. Plummer: All right, how are we going to address the problem of liability
of sidewalks in that area that need replacing?
Mayor Suarez: I think he answered by saying that with the existing contract
for completion of south and and their contribution, we may be able to do the
whole thing.
Mr. Long: You know, I have a unit price for that sidewalk that's fair on
other contracts so it's not as if we'd be doing something without having a bid
price. I could add it to one or two of the contracts that I have there and do
221 November 3, 1988
L
i it but I would have to increase those contracts to do it. It's not a matter
of doing it...
Mrs. Kennedy: )toughly, we're talking about $25,000 to $40,000.
Mayor Suarez: We ought to go ahead and finish it, it's my feeling.
Mrs. Kennedy: All right.
Mayor Suarez: Do we have a motion?
Mrs. Kennedy: Yes, we do.
Mayor Suarez: We do have a motion on approval in concept. Do we have a
second?
Mr. De Yurre: Hold it.
Mr. Plummer: I just ask one question.
Mayor Suarez: Yes, Commissioner Plummer.
Mr. Plummer: What is the estimated cost of what you are expending for this
project?
Mr. Bercow: For the clean up and the resodding?
Mr. Plummer: For everything that you're planning to do.
Mayor Suarez: Right, what your contribution will be.
Mr. Bercow: On the temporary or for the garage?
Mayor Suarez: No, no, no, temporary, temporary. The freebie.
Mr. Plummer: No, for the temporary.
Mrs. Kennedy: Temporary.
Mr. Bercow: We have estimated $65,000 with a $10,000 contingency.
Mayor Suarez: Seventy-five total.
Mr. De Yurre: How much is that?
Mayor Suarez: Seventy-five thousand total.
Mr. De Yurre: To do what?
Mrs. Kennedy: To sod the south end of the...
Mayor Suarez: Resod the south end of the park and...
Mr. Dawkins: Sod, put in new palm trees...
Mr. Bercow: Clean up and sod the south end of the park and maintain it
through the end of January. As our letter states, we commit to accomplish the
work in the park prior to January 1st, 1989 so the park will be nice for the
Orange Bowl.
Mr. Dawkins: The park will be nice for the Orange Bowl and the citizens of
Miami.
Mayor Suarez: Right, right, right, right.
Mr. Dawkins: OK, thank you.
Mr. Plummer: Mr. Long. Will $75,000 remove the dead trees and do what is
necessary for the use of that park? Is that adequate funding?
Mayor Suarez: Oh, he was concerned about the sidewalk completion thinking
that it might re...
222 November 3, 1988 '
Mr. Plummer: No, no, no, no. We're away from the sidewalk now.
Mayor Suarez: OK, that's...
Mr. Long: Yes.
Mr. Plummer: OK.
Mr. Bercow: And we have bids and it's an adequate amount.
Mr. Plummer: OK.
Mayor Suarez: Call the roll on the item.
Mr. De Yurre: Well, no, now hold it, I'm not through yet.
Mayor Suarez: I'm sorry, Commissioner De Yurre.
Mr. De Yurre: I have a couple of concerns. One of them is, of course,
November 17th we're getting a full report on the park to see where we stand.
My concern is that I want things to progress and to see where we're at and to
keep moving on this. I'd like to see it completed. Now, when we look at and
we spoke about this the other day when Jeff came to see me, when I look at
that what they're proposing to do, Miami Center is in a position that they
could never have any garage because there is no land to put a garage adjacent
to the property. I feel that what we're getting at this point in time from
the Miami Center just for the consideration of this, is not adequate. And
I'll tell you why. Let's say we sod all of the south end of the park. Come
January 31st, that's it, no more maintenance, it's going to dry up because
there's no irrigation system there. It's going to go back to where it was so
we gain nothing. What are we, are we willing to say that for the month of
January we're willing to get into all this type of contractual negotiations
that are going to cost us tax dollars because we have employees that are going to be dealing in this and they're going to be working on this. I don't see
where the benefit is for the - I think you guys are getting away too cheap.
What I would like to see is the sod placed on the south end, an irrigation
system placed on the south end so that if we don't work something out, at
least we gain something for the time being. And I'm not getting and I'd like
to get a cost of what the sidewalk is going to be. Pete, what's your
estimate?
Mr. Plummer: They said twenty-five to forty.
Mr. De Yurre: How much?
Mr. Plummer: Twenty-five to forty.
Mayor Suarez: Twenty-five to forty, he said.
Mr. De Yurre: Twenty-five to forty thousand.
Mr. Long: Yes.
Mr. De Yurre: What about irrigation system? How much would it cost there?
Mr. Plummer: How much?
Mr. Long: We had spoken about an irrigation system for their sod and they
also had talked about if we put a cheap system in that means someone's going
to have to come out and maintain it because it will be just a water service
cut in to existing water mains at the south end of the park and probably move
around sprinklers. And that's something we'll have to work out with them as
we negotiate this.
Mr. De Yurre: Well, do you have any idea what it's going to cost? That's my
question.
Mr. Long: It's not going to cost much to put in, maybe $10,000 but you...
Mrs. Kennedy: No, no, no, no. You're talking about a lot more, Pete, come
on.
_ 223 November 3, 1988
Mr. Long: No, I mean a very temporary...
Mrs. Kennedy: But the problem, if I may interject, the problem is then that
if they do go ahead with garage, it'll have to be ripped up.
Mr. De Yurre: Well, that's their investment. You know how much, it would be
a bargain for them to put up that and get the garage because they can't get
that no matter what if we don't give it to them. Do you know how much it
costs to build an underground garage compared to a surface garage? It's going
to cost us an additional 5 million dollars just so we could put it there.
Mayor Suarez: But we're not guaranteeing that, that's the problem and...
Mr. De Yurre: No, we're not, but I'm saying that for ...
Mayor Suarez: And they would have to tear all of that up if we don't agree
with that and they lose that. That's the...
Mr. De Yurre: Yes, but the point is that we're in a position that we should
get a lot more than what we're getting just for considering the situation.
Mayor Suarez: I wouldn't mind getting some part of the sidewalks or...
Mr. Bercow: Commissioner and Mr. Mayor, let me explain that we are
essentially here before you today because we had to move quickly and preserve
an option. Lester Pancoast and Shoji Sadao were preparing what they were
calling the Super Bowl interim package which, I guess the estimated cost on
that package, which again was an interim plan, was about $600,000. That would
have foreclosed the City from even looking at the possibility of doing our
garage. All we're asking for at this point is just look at our concept, tell
us if it's a doable one and what we're offering to do in the interim is at no
cost to the City instead of $600,000, we'll do a temporary cleanup and
maintenance plan. So, I mean, it's zero dollars on the one hand for the City
as opposed to $600,000 for the Super Bowl package.
Mr. Dawkins: Commissioner De Yurre, could we accept a water truck with a
sprinkler on it that would water that grass and then when they got ready to
build the garage, if it's OK'd, then we give that water truck to the Public
Works Department to wash the streets and keep the streets clean rather than
put in a - I mean, I'm just trying to think that rather than put in a system
that would be ripped out - I don't know...
Mayor Suarez: Or, even better, to irrigate some parks that we don't want to
have irrigation systems built in.
Mr. Plummer: But he's saying they can put it in for $10,000 on a bare
minimum. That would be the cheapest way of doing it.
Mayor Suarez: Yes, maybe they want to use the truck and then we get to keep
the truck to use for other...
Mr. Bercow: At the present time, we're contracting with a water truck to come
in on a regular basis...
Mr. Dawkins: No, no, 1 didn't say contract, I said buy one and give it to us
which...
Mayor Suarez: Buy one and leave it with us when you're finished.
Mr. Dawkins: .... $10,000 anyway.
Mr. Bercow: It's just not in our budget and I don't have any authority to
tell you yes, I can go beyond the $65,000 with the $10,000 contingency that
I've already indicated. I just don't have that authority this evening.
Mayor Suarez: See if you can build it into the contingency, we'd like to have
truck that we can use...
Mr. Bercow: Again, if there is a cost savings...
Mayor Suarez: There's some parks in the City...
224 November 3, 1988
Mr. Bercow: ... if there is a cost savings...
Mayor Suarez: Right, as it turns out that we wouldn't want to have a
permanent sprinkler system and have very little isolated areas which don't get
any water that we'd like to have a nice water truck for.
Mr. Bercow: If there's a cost savings, we'll be working with Pete Long to
redirect that cost savings somewhere else.
Mr. De Yurre: If you want my vote, I want something more because come
February 1st, that grass is going to start dying and, you know, I don't want
to be put back in the same position we're in right now. You're saying that
we're not giving anything and then, but yet, we're not gaining anything, so,
you know, if I'm not going to gain anything - Super Bowls come and go...
Mayor Suarez: Well, the answer on the grass dying is that come February 1st,
I'd hope by that time we would have decided if we're going to have an
amphitheater and I hear a couple of Commissioners saying that we don't want an
amphitheater there and I may feel that way myself come February 1st if not
before then, and/or we'll have underground parking which we'll have to tear up
the sod any how. I mean, I - at least we've got until February 1st with
something that gives the appearance of being completed. I don't see where we
lose.
Mr. De Yurre: Well...
Mayor Suarez: And the use of the south end of the park.
Mr. De Yurre: No, I'm not saying, we don't lose anything, but I think we
stand to gain a lot more for what they're asking.
Mayor Suarez: I'd rather have a sprinkler system, to tell you the truth, of
some sort, even if it's one that's removable. Even if it's at our cost, even
if we have to dig up... you were talking about $10,000 for a...
Mr. Plummer: That was Pete's figure.
Mayor Suarez: Yes, Pete's figure for a makeshift system.
Mr. Odio: Commissioner, maybe what you want to do is, which I agree, is when
they come back and we're ready to let them build the parking garage, then is
the time to get the con...
Mayor Suarez: Yes, we can negotiate a lot of...
Mr. Plummer: Whoa, whoa, whoa, whoa. If we're going to allow them to build.
Mr. Odio: I said if, if, see...
Mayor Suarez: We can negotiate a lot at that point.
Mr. De Yurre: Yes, I know, but let's get something now. If we don't build
the garage, something now.
Mayor Suarez: Would you throw in, if it fits into your contingency figure, a
temporary sprinkler system that - when I say temporary, that can go beyond
February 1st?
Mr. Bercow: Yes, if it fits in.
Mr. Plummer: The ten thousand.
Mr. Bercow: Well, if it fits into the entire budget.
Mr. De Yurre: No, no, no, no. I'm not talking about that.
Mayor Suarez: Within the seventy-five?
Mr. Bercow: OK, within the ten thousand.
225 November 3, 1988
i
Mr. Plummer: Well, but in other word&, you're extending yourself to eighty-
five if it doesn't.
Mn Bercow: No, no, no. The ceiling is seventy-five thousand.
Mayor Suarez: We turned the contingency fund into a non -contingent fund that
to...
Mr. Plummer: Yes, but what happens if sixty-five thousand doesn't sod it?
Mayor Suarez: Why don't we eliminate the contingency and you guarantee that
you will do resodding. I mean, it's a flexible...
Mr. Bercow: We are guaranteeing that we'll resod it.
Mayor Suarez: And that you will also build in the temporary sprinkler system
which has been estimated to cost $10,000 which happens to be your contingency
amount any how. We just erased your contingency for you. You were prepared
to spend up to seventy-five and that's what we're asking you.
Mr. Bercow: You know, the only thing I can tell you is that my client gave me
instructions that the fund that they have is seventy-five.
Mayor Suarez: OK, well how about if we pass it in principle, subject to that?
Subject to your client approving the seventy-five?
Mrs. Kennedy: Mr. Mayor, will you let me meet with them and negotiate up
and....
Mayor Suarez: Yes, we can table them.
Mrs. Kennedy: No, not table...
Mr. Bercow: We don't want to table because we're going to need this time to
do the work.
Mayor Suarez: We'll pass this subject to your satisfying the Commissioner
that you will provide the...
Mr. Bercow: If there is any cost savings in this, we will direct it to a
temporary irrigation system. Is that satisfactory?
Mr. Dawkins: No, you know you have me and I'm with you...
Mr. Plummer: But you're about to lose him.
Mr. Dawkins: ... but you have to listen to what Commissioner De Yurre is
saying. You don't want to leave here having me think that you intended to put
some grass in there and you didn't care whether it burn up or not. And that's
the impression that we're getting, that you just want to put something in
there in order to get permission to negotiate and then you don't care what
happened to it and that's not what you want.
Mayor Suarez: Commit to the sprinkler system up to the full ten thousand.
Mr. Dawkins: Somebody's got to water the grass, it's not going to rain that
often.
Mayor Suarez: It's within your budget.
Mr. Bercow: That's fine, we'll do it.
Mayor Suarez: OK, we got it, all right.
Mr. Plummer: So you're up to eighty-five max.
Mayor Suarez: Well, not necessarily, because they don't have to use the ten
thousand contingency.
Mr. Plummer: That's maximum.
226 November 3, 1988
Mayor Suarez: You May not have a contingency fund if you want to Stay within
seventy-five is what we're Saying. Ott.
Mr. Bercov: Yea, air, that's right.
Mayor Suarez: All right. We've got a motion and a second. Motion
understood?
Mr. De Yurre: And everything will be in place by what date?
Mr. Bercow: Prior to January 1st, 1989.
Mr. De Yurre: Prior to December 31st.
Mayor Suarez: January 1st, maybe they have a couple of extra hours.
Mr. De Yurre: We've got the parade that night.
Mr. Plummer: Well, that's, that's... yes. He makes a good point on the
parade.
Mayor Suarez: Yes, yes.
Mr. Bercow: If, you know, again if we get the cooperation from the City, they
allow us virtually immediate access to the area, that's fine.
Mr. De Yurre: OK, so we're getting the sodding, the clearing of the debt,
the, what, trees?
Mayor Suarez: Shrubbery and...
Mr. Bercow: Dead shrubs, dead trees, the trash, the debris.
Mr. De Yurre: And a sprinkler system.
Mr. Bercow: Right.
Mayor Suarez: Temporary sprinkler system.
Mr. Bercow: Temporary sprinkler system, temporary irrigation system, I guess
is...
Mrs. Kennedy: Temporary irrigation means coming in on the water...
Mr. Plummer: No, that's not what he said.
Mr. De Yurre: No, no, no.
Mrs. Kennedy: That's what I want to make
Mr. De Yurre: No, no, we're getting into that now. Pete, what were you
talking about, why do you mean by temporary?
Mr. Plummer: The $10,000 one.
Mr. Long: What I was talking about was putting probably a two inch service or
a three inch service on Biscayne Boulevard running PVC pipe to several
locations within...
Mr. Plummer: Are you going to put one of those things you put in the Orange
Bowl where the poor Marielito almost got killed?
Mr. Long: No, no.
Mr. Plummer: Pt, pt, pt - what's that noise? Another poor Marielito.
Mrs. Kennedy: Marielito, you. You almost broke it.
Mayor Suarez: You know, if this happens at 9:30 in the morning, it's funny.
It's 7:22, it's not really all that funny. Pete.
227 November 3, 1988
Mr. Long: I'm talking about a system that would have a service and at several
locations there would be meter boxes with large hydrants - outlets in them,
and a hose would be connected to those and a rotating sprinkler would be
placed two or three times a peek, depending on how much rain you had, to
irrigate that park. That portion of the park, that's what I think would be
necessary.
Mr. De Yurre: OK.
Mayor Suarez: OK, it sounds like something that we can keep running for a
while afterwards. We get to keep all of that, of course, all of that
equipment.
Mr. De Yurre: Certainly.
Mr. Long: It wouldn't be much.
Mayor Suarez: It doesn't sound like really expensive stuff. OK. We've got a
motion and a second, roughly understood? Call the roll.
Mr. Bercow: That's fine.
The following motion was introduced by Commissioner Kennedy, who moved
Its adoption:
MOTION NO. 88-1075
A MOTION APPROVING IN PRINCIPLE THE CONCEPT OF MIAMI
CENTER TO BUILD AN UNDERGROUND PARKING GARAGE BENEATH
THE SOUTH END OF BAYFRONT PARK SUBJECT TO APPROVAL BY
THE CITY ATTORNEY AND THE CITY MANAGER, WITH THE
PROVISO THAT SAID GROUP WILL CLEAR TREES AND SOD THE
SOUTH END OF BAYFRONT PARK AND HAVE A TEMPORARY
SPRINKLER SYSTEM INSTALLED PRIOR TO DECEMBER 31, 1988.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Bercow: Thank you.
Mayor Suarez: Pete, when you come back on November 17th, be ready to make a
recommendation on what we ought to do about the Challenger Memorial too.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: I'm having my doubts and I don't care if the media picks up on
this. I think I'm reflecting Commissioner Plummer's concern that this item is
just getting totally out of control in terms of what it's supposed to cost and
it's not moving very fast. We've given it to a private group and we don't
have any involvement. Well, your recommendation may be that we ought to just
say good-bye to them. I don't know, I mean...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Yes. Well, be ready to do it on the 17th, please. I'm not
sure we need that today but - in fact, I know we don't.
228 November 3, 1988
?0. GENERAL ANTONIO MACEO FOUNDATION extend permit to operate General
iAntonio Maceo Park
-----------------------------------------------------------
Mayor Suarez: Item 94. What do we need to do on item 94?
I
Mr. Plummer: Extend, Mr. Mayor...
Mr. Odio: Extend the revocable permit. They want...
Mr. Plummer: I'll so move.
Mayor Suarez: So moved. We're extending the use permit for Antonio Maceo
Park, I gather.
Mr. Odio: Yes, sir.
Mr. Plummer: Wait a minute, now, let's clarify the record. I think the last
revocable permit that they had was for a period of three years, is that
correct? So this would be for a period of three years also.
Mr. Odio: That's correct.
Mr. Albert Ruder: No, no. No, they have currently a revocable permit that
expires on 11-30 of 188 and it may be extended for three additional one year
periods.
Mr. Plummer: OK, that's the point I'm making, that it is extended for an
additional three years.
Mr. Odio: That's what we're talking about.
Mr. Plummer: So move.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Anyone wish to be heard on this
item? Let the record reflect no one stepped forward. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1076
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A
REVOCABLE USE PERMIT FOR A PORTION OF GENERAL ANTONIO
MACEO PARK TO THE GENERAL ANTONIO MACEO FOUNDATION,
INC. FOR A TERM OF THREE (3) YEARS UPON THE EXPIRATION
OF THE EXISTING PERMIT ON NOVEMBER 30, 1988.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
229 November 3, 1988
-------------------------------- -------------------------------------------
•. 71. DISCUSSION CONCERNING REMODELING AT CONFERENCE AND CONVENTIONS CENTER,
HYATT HOTEL
-------------------------------------------------------------------------------
Mayor Suarez: Item 95, Commissioner De Yurre. Remodeling construction in
progress at the Conference Convention Center, Hyatt Hotel. Is there anything
on that?
Mr. Odio: It was at the request of Commissioner De Yurre that we placed this
item.
Mayor Suarez: Yes...
Mr. De Yurre: Yes.
Mayor Suarez: ... just pointed that out.
Mr. De Yurre: Mr. City Attorney or Mr. Assistant City Attorney.
Rafael Suarez Rivas, Esq.: Yes, Commissioner.
Mr. De Yurre: It is my understanding that some work has been done at the
Hyatt wherein the City of Miami Commission should have prior approval on any
work done there and construction was started without a building permit and a
number of things have happened there which I'd like this Commission to be
apprised of.
Mr. Rivas: Yes, Commissioner. MCA, the developer over there, is desirous of
doing some renovations, such as the bellman's closet and the lobby area for
luggage, adding an awning outside the Esplanade restaurant, renovation of the
Palm Court area and elimination of a service easement in a room downstairs.
Insofar as any of that is City space, the space that the City controls at the
Knight Center, you do have the prior right of approval, comment and
consideration on those renovations and they were done without that
authorization.
Mr. De Yurre: Have they completed all that work?
Mr. Rivas: I do not know the status of the work, Commissioner.
Mr. De Yurre: Who would know the status of that?
Mr. Tony Pajares: What was the question, I couldn't hear it?
UNIDENTIFIED SPEAKER: What the status of the.....
Mr. Rivas: I do not believe that the work has been done, no. They want to do
it, they started to do it but it has not been done.
Mr. De Yurre: OK, now, my question is, has a building permit been pulled on
the job?
Sara Harold, Esq.: Commissioner, my name is Sara Harold, I'm with the firm of
Fine Jacobs Schwartz Nash Block and Englund. I was here on another matter and
saw that you had put this on the agenda. I represent the developer of the
hotel.
Mr. De Yurre: OK, have they pulled a building permit?
Ms. Harold: There was a building permit pulled for renovations to the hotel.
The majority of the renovations have been in progress and that have been
completed according to that building permit are in areas that are leasehold
areas of the developer that do not require City consent before renovations,
although they have been done with the City's knowledge. The area that you are
raising that is in question, I believe, is the service easement area that is
between two small rooms on the lower promenade level in the ballroom area. It
was a hallway running from the lower promenade area to a back service hallway
that a doorway has been put in in closing pending final City approval because
it was in the course of the whole renovations including improvements that was
230 November 3, 1988
done to the City's area at the developer's expense and in accordance with an
agreement earlier reached with the City. The developer has made an
arrangement with the City that if, for any reason, the City Commission wants
that converted back to a service easement area, that it will be done. But the
building permit was pulled for the area that was the City's leasehold area.
The only area that was in question was this. It's about a five foot wide
hallway between those two areas.
Mr. De Yurre: OK, was the building permit obtained for that?
Ms. Harold: For that particular area?
Mr. De Yurre: Yes, for that particular area.
Ms. Harold: No, not that I know of.
Mr. De Yurre: So it was done illegally.
Ms. Harold: No, Commissioner, what I'm saying is that I found this issue on
the agenda today, I have not...
Mr. De Yurre: Are you in a position to talk as to the issue or not?
Ms. Harold: Yes, I am.
Mr. De Yurre: OK, then, was a building permit obtained for the work done as
far as the easement is concerned?
Ms. Harold: As far as the easement area goes, our client did not pull a
building permit for that area to my knowledge.
Mr. De Yurre: So it was done illegally as far as your knowledge is concerned?
Me. Harold: That's correct, at this point.
Mr. De Yurre: OK, Mr. Assistant City Attorney, is that the case?
Mr. Rivas: If that is the case, yes, that...
Mr. De Yurre: No, I'm asking you if it is.
Mayor Suarez: Well, I don't know, do you know?
Mr. Rivas: I have not made any independent investigation to know if they did
that work without the permit or not.
Mr. De Yurre: OK.
Mr. Pajares: Commissioner, let me clarify. They could not pull a permit on
that easement because it doesn't belong to them. We would have had to sign it
and we told them we would not sign it unless the City Commission approved it.
Mr. De Yurre: OK, so in other words, they did it illegally.
Mr. Pajares: There's no way they could - that's correct, they could not pull
a permit on our property.
Mr. De Yurre: OK, now, question. The new configuration now adding the two
rooms, what size of room do they have there now?
Mr. Pajares: When they unite the two rooms, it'll be a room about 7,000
square feet is my understanding.
Mr. De Yurre: OK. Our rooms, what we just finished earlier this year, what
size is that?
Mayor Suarez: Twenty-eight thousand.
Mr. Pajares: Are you talking about the exhibit hall, the riverfront hall?
Mr. De Yurre: Uh huh.
231 November 3, 1988
Mr. Pajares: Twenty-eight thousand square feet net.
Mr. Plummer: Net.
Mr. De Yurre: OK, well, does 7,000 net?
Mr. Pajares: Their 7,000 is also net, yes.
Mr. Plummer: Yes.
Mr. De Yurre: OK.
Mr. Pajares: Combining the two rooms.
Mr. De Yurre: The room that we built, does that divide into smaller rooms?
Mr. Pajares: Yes, sir, it does, into three rooms.
Mr. De Yurre: What size? What size?
Mr. Pajares: One is 4,000 square feet. The other one, I believe is around
eleven and the other one is the difference. Some thirteen or...
Mayor Suarez: The other seventeen.
Mr. De Yurre: OK, does the Hyatt have any other rooms that come up to the
7,000 square feet?
Mr. Pajares: No, sir, they have the ballroom which is around 10,000, eleven
hundred square feet or something like that. The...
Mr. De Yurre: Ten thousand?
Mr. Pajares: Yes, ten thousand.
Mr. De Yurre: My concern is that the Hyatt has gone ahead and done work
illegally which, if allowed, will be in direct competition with what we spent
money on.
Mr. Odio: No, sir, no...
Mr. Pajares: Commissioner, we, we...
Mr. Odio: Excuse me, we notified the owner that, first of all, that he was
doing that improperly. He agreed to post a bond, I don't know if that's been
done. Two, I told him that I would never recommend that that be approved and
that that would revert back to the normal configuration. If he did not agree,
that would never be used in competition with the other hallway, therefore, he -
can never have exhibits in that room. He can never compete with the big room.
Mr. De Yurre: But, he can have a dinner party, things of that nature.
Mr. Odio: Well, he could have that any way. He has the concession of the
food in the building.
Mr. De Yurre: Yes, but he doesn't have a room. If you have - how many tables
do you fit...
Mr. Odio: Oh, yes he does, he have the big banquet hall.
Mr. De Yurre: Yes, but not two at the same time.
Mr. Pajares: Commissioner...
Mr. Odio: No, but...
Mr. De Yurre: My concern is that they've done something illegally that
will... I don't know, I'm not telling you to what degree, but it's in direct
competition with what we've spent money on.
Mr. Pajares: Commissioner, our main concern, as far as competition is
concerned, was the exhibit hall which is what - the new room we built. One of
232 November 3, 1988
the conditions that we've demanded from them if amendment number four, which
is what it is, is to be put through before the Commission, is that they agree
that there can never be an exhibit there without written consent from the
City, which means that if our exhibit hall is fully booked and we still can
get additional business, we will allow them to put exhibits there. But as
long as our exhibit hall is empty, we've even demanded in the new agreement
that they have liquidated damages. If I see one exhibit there, they will pay
the entire rent for the exhibit hall for one exhibit. And that is in the
amendment. We make very certain that they can never compete with our exhibit
hall.
Mr. De Yurre: OK, our room, what we've built.
- Mr. Pajares: Yes, sir.
Mr. De Yurre: Do you ever perceive that as being rented out for a dinner
party or anything of that nature?
Mr. Pajares: Yes, sir.
Mr. De Yurre: OK.
Mr. Pajares: Yes, sir.
Mr. De Yurre: Do we also apply that concept to where if they have more than
one dinner on a given evening and they end up using that room as opposed to
one of ours, that we also get some remuneration on that?
Mr. Pajares: One of the things that we will watch very closely when they do
this room is that there's no switching of functions, which has happened in the
past and we've expressed that concern to the owner. In other words, in order
for them to book anything in that mini ballroom, which is what they will call,
our room not only has to be tentatively booked, it has to be definitely
booked. They cannot put a tentative booking in that room and then switch it
to their mini ballroom.
Mr. De Yurre: That includes dinner parties.
Mr. Pajares: Yes, sir.
Mr. De Yurre: Why wasn't this brought before the Commission before?
Ms. Harold: Commissioner...
Mr. De Yurre: I'm not asking him, I'm asking the administration.
Ms. Harold: I'm sorry.
_ Mr. Pajares: Commissioner, we did not bring it before the Commission because
we have not fully received guarantees from them that they would not use this
room in competition with the City. The amendment number four, which is what
it's called, is being prepared and is now ready and when we see that it's
_ satisfied, including the liquidated damages, including the no switching of
rooms, and all the other things, then we would bring it before the Commission.
They did act illegally in closing that hallway and they are fully aware that
they did so at their risk. And should this Commission not approve the room,
they'll have to put it back.
Mr. De Yurre: Mr. City Attorney, I would like for you to review the contract
that we have with this entity and to see if they are violation of whatever the
clause is, if that grants us any rights wherein we may be able to get into a
better position legally to gain some advantage over a relationship that, as
far as I'm concerned, the City has yet to see a penny. And can you bring...
Mr. Rivas: Very well, we'll do that, Commissioner.
Mr. De Yurre: ... for the November 17th meeting.
Mr. Rivas: We shall do that.
Mr. De Yurre: OK.
233 November 3, 1988
Ms. Harold: Commissioner, if I might point out something because since I
didn't know this was on the agenda until this morning, I did have an
opportunity to call, I want you to realize that we have been in discussions —
with the City Manager's office. I don't want you to think that the developer
has gone ahead and done this without discussions with the City. There is an -
amendment number four to which Mr. Pajares mentioned that we have gone over -
very carefully, that we have submitted now, we're submitting to bond counsel
and to the City's consultant for them to approve. The only reason it hasn't
come before the City Commission at this point was because there were technical
requirements that had to be completed before it could be put on the agenda.
But the developer has agreed to the statements that Mr. Pajares made
concerning liquidated damages in the event exhibits are booked in that space
instead of in the City's exhibit hall. Unless there's a conflict, it is
agreed to place the space back the way it was in the event that the City
Commission does not agree to it. The only reason that I know of that they
went ahead and completed the area, it's not even completed, but the reason
that the carpeting was laid is that in addition to the regular, the work that -
was done in the renovations in the hotel area that the developer owns, and
this is addressing your point that the City hasn't received any, the developer
in advance of having received City Commission approval, has spent between -
$90,000 and $115,000 in City space on the lower promenade level renovating the -_
City's space at the developer's expense as part of this agreement and that has
already been done. And if you go to the hotel and you go to the lower
promenade area, you will see that the whole lower promenade area has been
recarpeted, all new millwork has been installed, all of the City's furniture
has been reupholstered, new telephones were installed, the bathrooms
downstairs were re -wallpapered and re-covered with fabric and that money has
already been expended by the developer. I don't want you to - the developer
has been negotiating with the City in good faith since August, we started -
these conversations, they have expended that money...
Mr. De Yurre: Since they were told to stop doing the illegal work.
Ms. Harold: No, no. No, no. Before that. This part that you're talking
about that was done was only done, I can tell you, in the last two weeks
because I was over there before and we had stopped work...
Mr. De Yurre: Well, hold it, I've known about this for a lot longer than two
weeks.
Ms. Harold: No, but we had stopped work in that area and it had not been
closed in. I know that that closure, because I'm physically over there, I
know that that closure was only done within the past couple of weeks since
that stop work order. And since the developer had agreed to place it back at
the City. One of the reasons it was done is because of the timing of the
situation, the developer did not want that area to remain uncarpeted and with
open areas in light of the fact that the Super Bowl and the Orange Bowl
festivities are all coming in and they didn't want a construction site in
place. But if you want it back the other way and decide not to approve that
amendment, they have agreed to place that area back the way it was.
Mr. De Yurre: Well, all I wanted for it to be done corr$tly.
Ms. Harold: And I agree with you.
Mr. De Yurre: And within the legal bounds that exist.
Ms. Harold: I don't disagree with you but I wanted you to understand that
they had done all that work in good faith and they have expended those funds
on City renovations and don't expect to get that - that's part of the
arrangement and they don't expect to get that back regardless.
Mr. De Yurre: OK, then when are we going to have the contract? Is the City
Attorney's office here working on that contract?
Mr. Rivas: Yes, we are, I have handed to you, Commissioner, a draft of that,
it's called amendment number four, it's a brief document and it basically
describes the improvements and MCA's desires of making including their
combination of those two rooms, the City right of refusal and so forth. I
would imagine that it could come before you if not your next meeting, then the
one after.
234 November 3, 1988
Mr. be Yurre: In December 15th?
Mr. Rivas: Yes.
Mr. De Yurre: OK, thank you very much.
Mr. Pajares: Thank you.
Mayor Suarez: One last question. Who are the principals of MCA, for the
record?
Mr. Pajares: I believe it's Zahid Ramlawi.
Ms. Harold: No, the principals of Miami Center Associates Ltd. are Sierra
Reflections Corporation is the general partner, Delawi Nevada Corporation and
the Reliance Group Holdings, Inc. and Henry R. Silverman Associates, Inc. are
limited partners. And the principal in that, that acts on behalf of Sierra
Reflections Corporation is Zahid Ramlawi.
Mayor Suarez: OK, thank you.
Mr. Plummer: Wait a minute, wait a minute, what is Miami Center got to do
with...
Ms. Harold: No, the Miami Center Associates, Ltd. is the name of the limited
partnership that has always been the developer on this project since I closed
it in 1979. It has nothing to do with Inter -Continental, they had that name
before Inter -Continental was even on the board.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Harold: Yes.
Mayor Suarez: MCA. OK, thank you.
Mayor Suarez: Mike, the next item I've requested. Mr. Manager, how are we
doing on the situation with the helicopter concession on Watson Island? Do we
at least have a willingness on the part of the person who is presently
operating that facility over there to give us the complete logs of the use of
the time and are we ready to move to open bids and so on? Did you...
------------------------------------------------------------------------------
72. Discussion and deferral of zoning complaint at approximately N.W. 57
Court and 7 Street concerning class C permit for office building
------------------------------------------------------------------------------
Mr. Dawkins: Mr. Mayor, before we go that, Mr. Mayor. I see these
youngsters, who are - find out who they are for me. They've been by here a
half a day.
Mayor Suarez: What item are you here on? If somebody can tell us that's with
you. Are you with somebody? Which item, sir?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: The closing of...
Mr. De Yurre: This is the 57th Court, Mr. Mayor, that I would like to take
out of turn whenever we have a chance.
Mr. Plummer: Is it on the agenda?
Mr. De Yurre: No, it's not. But they had a concern and I told them to come
in and...
Mr. Dawkins: It's 8:00 o'clock, let's get rid of them to get these youngsters
out of here.
Mr. De Yurre: OK.
235 November 3, 1988
Mr. be Yurre: th December 15th?
Mr. Rivas: Yes.
Mr, De Yurre: OK, thank you very ouch.
Mr. Pajares: Thank you.
Mayor Suarez: One last question. Who are the principals of MCA, for the
record?
Mr. Pajares: I believe it's Zahid Ramlawi.
Ms. Harold: No, the principals of Miami Center Associates Ltd. are Sierra
Reflections Corporation is the general partner, Delawi Nevada Corporation and
the Reliance Group Holdings, Inc. and Henry R. Silverman Associates, Inc. are
limited partners. And the principal in that, that acts on behalf of Sierra
Reflections Corporation is Zahid Ramlawi.
Mayor Suarez: OK, thank you.
Mr. Plummer: Wait a minute, wait a minute, what is Miami Center got to do
with...
Ms. Harold: No, the Miami Center Associates, Ltd. is the name of the limited
partnership that has always been the developer on this project since I closed
it in 1979. It has nothing to do with Inter -Continental, they had that name
before Inter -Continental was even on the board.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Harold: Yes.
Mayor Suarez: MCA. OK, thank you.
Mayor Suarez: Mike, the next item I've requested. Mr. Manager, how are we
doing on the situation with the helicopter concession on Watson Island? Do we
at least have a willingness on the part of the person who is presently
operating that facility over there to give us the complete logs of the use of
the time and are we ready to move to open bids and so on? Did you...
------------------------------------------------------------------------------
72. Discussion and deferral of zoning complaint at approximately N.W. 57
Court and 7 Street concerning class C permit for office building
------------------------------------------------------------------------------
Mr. Dawkins: Mr. Mayor, before we go that, Mr. Mayor. I see these
youngsters, who are - find out who they are for me. They've been by here a
half a day.
Mayor Suarez: What item are you here on? If somebody can tell us that's with
you. Are you with somebody? Which item, sir?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: The closing of...
Mr. De Yurre: This is the 57th Court, Mr. Mayor, that I would like to take
out of turn whenever we have a chance.
Mr. Plummer: Is it on the agenda?
Mr. De Yurre: No, it's not. But they had a concern and I told them to come
in and...
Mr. Dawkins: It's 8:00 o'clock, let's get rid of them to get these youngsters
out of here.
Mr. De Yurre: OK.
235 November 3, 1988
Mayor Suarez: What was the concernl All of these people are here on a non-
scheduled item?
Mr. Herbert D. Garcia: Yes, sir, yes, sir. Good evening, everybody here.
Mr. Dawkins: Oh, well, oh, gracious no, then, no, no, no.
Mr. De Yurre: OK, you're going to be the spokesman and you're the only person
that's going to speak.
Mr. Garcia: Well, no, we have a few....
Mayor Suarez: No, no, no, air, this items not even on the agenda. Let's
first hear from the Commissioner as to what the item is before we even decide
what we're going to do with this.
Mr. Dawkins: No, no, we can't do that, there's too many of them. I thought
it was just the youngsters.
Mayor Suarez: Well, what is the item about, Commissioner?
Mr. De Yurre: Unless, if you want me to schedule it and you all want to speak
then we'll do it sometime in the future.
Mr. Garcia: No, no, no, no, no.
Mr. De Yurre: Well, then you're the only spokesman.
Mr. Garcia: OK.
Mr. De Yurre: OK, great.
Mayor Suarez: What is the item about?
Mr. De Yurre: Mr. Mayor, on 57th Court and N.W. 7th Street, the neighbors of
that area have a concern about a building that is going to go up in an area
that they felt that they had worked out an arrangement with the Administration
and yet, unbeknownst to them, additional concessions were given to the person
building or to the entity building it, which is contrary to what they felt
should go in the area and...
Mr. Plummer: I voted against it.
Mr. Garcia: You remember me.
Mr. Plummer: Yes, I voted against it.
Mr. Garcia: Well, yes, twenty times.
Mr. Plummer: How many?
Mr. Garcia: Twenty times and thank you very much for your help.
Mr. Plummer: Mas o menos.
Mayor Suarez: What is this about, Guillermo? I mean, other than it's a
building on 57th Avenue that we had made some....
Mr. Plummer: The change of zoning.
Mr. Guillermo Olmedillo: Yes, there was an application for a class C permit
for an office building on 57th Court and 7th Street, Northwest. We issued an
intended decision on August 17th, 1988, with certain conditions. Conditions
basically were that...
Mr. Plummer: Well, wait a minute, start from the beginning now. This was a
change of zoning originally, wasn't it?
Mr. Olmedillo: No, well, this is way back.
Mr. Plummer: Yes, originally it was rezoned, that's when I first remember it
coming before this Commission.
236 November 3, 1988
Mr. Olmedillo: Right, but this does not deal with any rezoning issues. This
is a parcel of land which is on a transitional lot, let me show you.
Mayor Suarez: I don't know that we need to hear all his presentation. Is
there anything that we know that has taken place out there that is not being
complied with and that you should be alerting us to, the Commission would like
to alert us to, I mean, why should we take this item up at this point? 1
don't understand.
Mr. Olmedillo: Well, the persons that are against the issuance of the class
C, they claim that they were not given enough time to appeal the issues of the
class C. There are two issues, one is the...
Mayor Suarez: When would that have taken place if they had done it timely?
What are we talking....
Mr. Olmedillo: Well, they had 15 days to appeal from the time to the final
decision was taken.
Mayor Suarez: When was that?
Mr. Olmedillo: That was on - final decision was given on October 4th, 1988
and they had until October the 19th, 1988. We sent 29 notices to different
people. We have talked to these good people before, we made them aware of the
final decision, we made them aware of the intended decision by mail, in
writing, we made them aware of the 15 day appeal period.
Mayor Suarez: If they had appealed it, that would have brought it to the
Commission?
Mr. Olmedillo: That would have brought it to the Zoning Board.
Mayor Suarez: To the Zoning Board and then possibly to the Commission?
Mr. Olmedillo: And then, maybe to the Commission.
Mayor Suarez: As it is, you're saying that they are totally precluded from
any further....
Mr. Olmedillo: I would defer to the Law Department on that question, sir.
Mr. Jorge Fernandez: Yes.
Mayor Suarez: Are we precluded from taking some extraordinary action to allow
this matter to be heard if we think that, you know, they didn't get proper
notice or if they did get it, they just didn't pay attention to it because
presumably they don't have lawyers or whatever?
Mr. Fernandez: My opinion would be that you have no jurisdiction to consider
an untimely appeal otherwise.
Mayor Suarez: What would the Commissioner have us do on this, I don't...
Mr. De Yurre: What remedy would they have then?
Mr. Fernandez: If they feel they have been wronged by an act that has been in
some way perpetrated against them, recourse is a court of law.
Mr. De Yurre: So, even if they were to come here and say the Administration
says that notices were sent out, if they were to say, we never received
anything, then they've lost all remedy at the City level.
Mayor Suarez: Yes, suppose they were able to prove that, in fact, they did
not receive the notices for whatever reason, would that enable them to...
Mr. Sergio Rodriguez: If I may add to the - to clarify this, notices are not
required. We sent courtesy notices because we feel it makes sense that we do
it. In the packet that we received....
Mayor Suarez: That's not because of the ordinance and the hiatus that we had,
this has just never been required in those kind of...
237 November 3, 1988
Mr. Rodriguez: They have been required, we always send...
Mayor Suarez: ... class C special permits.
Mr. Rodriguez: On class C, we always send courtesy notices to all adjacent
property owners. In this case, we did send it to and actually as part of the
copy that we received from Commissioner De Yurre when he asked us to put this
on the agenda, or to discuss it today, it was included a letter (Tape 18)
addressed to Mr. Herbert Garcia dated October 6th of 1988. So they did
receive the letter. The argument being whether they have enough time or not
to...
Mr. De Yurre: Was that certified?
Mr. Rodriguez: No. The letter that we sent to them is not certified.
Mr. De Yurre: You don't know if he ever got it?
Mr. Rodriguez: You gave us the packet, sir, I imagine he gave it to you.
Mr. De Yurre: OK, but then you got the letter.
Mr. Rodriguez: I beg your pardon?
Mr. De Yurre: The letter was there in the package?
Mr. Rodriguez: Yes.
Mr. De Yurre: OK.
Mr. Rodriguez: A copy of the letter. So I'm assuming that they received it.
We know that they received it on time because we discussed the staff discussed
this with different of the members of the group and told them about it and
they didn't apply for the appeal to the Zoning Board on time.
Mr. Plummer: What did they get granted in the class C permit that has them
upset?
Mr. Olmedillo: If I may go over the merits of the class C itself, maybe you
can make out what the opposition is about. As I've stated before, this is a
transitional lot and it's a site transition as it was interpreted by the
Zoning Administrator. Therefore, they can go for a class C for either parking
or for an office use. The conditions that we attached for that conditional
use or for that transitional use I should say, is that we wanted to protect
the residential neighborhood to the south and to the west of the property. As
you can see, the property to the east is all CG which is a liberal commercial
district. What we did was the following. This parcel of land has to retain
the residential use, that is that anything that is built on this lot cannot go
beyond this point. Since there's a unity of title for the property that would
assure anybody who lives next to them, right there, that they would be not be
affected by any building here because there has to be a house, there has to be
always a residential use on that parcel of land there. The second one, there
was a concern because of vehicular or pedestrian access on 57th Court and that
would change the character of this area. We prohibited any access on 57th
Court, neither vehicular nor pedestrian access on it. Then we have a four
foot masonry wall on the south side between the house that must remain there
and the rest of the property, right there, to separate the residential use
which was serving as a buffer for the proposed office use and the rest of the
neighborhood. Then we have a four foot masonry wall running on the easterly
boundary of the property. To avoid any pedestrian access and to avoid any
cars getting into the property from the street...
Mr. Plummer: That's the westerly side.
Mr. Olmedillo: Correct, on this side.
Mr. Plummer: You said the easterly.
Mr. Olmedillo: I'm sorry, stand corrected.
Mr. Garcia: How many inches? Forty eight inches?
238 November 3, 1988
Mr. Olmedillo: Four feet...
Mayor Suarez: Same thing.
Mr. Olmedillo: A four foot masonry wall on that side.
Mr. Garcia: The information - excuse me, Commissioner Plummer, I receive a
letter from him, we making as a gentleman an agreement in Mr. Victor De
Yurre's office to make it eight foot high and I have the letter here.
Mayor Suarez: Sir, we weren't going to take testimony from you on this matter
but since you're going ahead and speak...
Mr. Garcia: But is a few thing is not in accordance with what is happens.
Mayor Suarez: Would you listen, sir?
Mr. Dawkins: You know, I....
Mayor Suarez: We're not going to take any testimony but I need your name in
the record so we at least know who it is that's been speaking into the record.
Just put your name into the record, just speak into the microphone.
Mr. Garcia: OK, my name is Herbert D. Garcia, I'm representing all of the
neighbors here and another 300 letter from other...
Mayor Suarez: OK, you're not representing them for compensation, are you? As
an attorney or as...
Mr. Garcia: No, no, no. We trying is to stop...
Mayor Suarez: OK, give us your address.
Mr. Garcia: 532 N.W. 57th Court.
Mayor Suarez: Unless any Commissioner wants to hear further from you, we're
trying to determine from the City staff, where this whole matter is so we can
decide what we should do with it. We have other people waiting on items that
have been scheduled and we have to get to those but we wanted to know why all
of you were here and try to see...
Mr. Dawkins: And I apologize to the other individuals waiting, but I saw the
youngsters and it's getting late and I, you know, I am surprised that they
would bring youngsters - I don't know why they're here, but I think that they
should get out of here and go to bed because it's almost 8:00 o'clock or go
home.
Mr. Garcia: No, no they are my son is under my jurisdiction, is my
responsibility.
Mr. Dawkins: Yes, but I still feel personally - I still feel as a parent, OK?
Mr. Plummer: It's cheaper than a baby sitter.
Mr. Garcia: Yes - 8:00 o'clock?
Mr. Dawkins: that as a parent at about 9:00 o'clock children should be home.
That's just my personal belief and that's why I moved it, sir, to try to get
the children out of here so they could go home and I had to apologize to the
other people for hearing this now to try to get the youngsters out of here,
that's all.
Mayor Suarez: That's - he was trying to move it...
Mr. Dawkins: They're your children, you can keep them up till 5:00 o'clock in
the morning.
Mr. Garcia: No, no, but that's not the case.
Mr. Dawkins: That's your privilege.
239 November 3, 1988
0
0
Mr. Garcia: If you make an investigation of my son, is the number one in the
school.
Mr. Dawkins% No....
Mayor Suarez: No, no, no, no, no. We're not going to talk about - no, no►
no, sir, no.
Mr. Garcia: No, but I want to talk about the situation here...
Mayor Suarez: Well, well....
Mr. Garcia: ... because this is very serious to us.
Mayor Suarez: We may let you speak and we may not. But at this point, we're
trying to decide where we are.
Mr. Garcia: Well, but only I want to tell you one thing. If any of these
group here, the Mayor, Commissioners, Jorge Luis Fernandez Fernandez, or
anyone here, include this gentleman here, if you live where we live now and
that thing is coming there, I guarantee you everybody vote and jump from there
and stay with us here. That is one...
Mayor Suarez: Sir, that's what everybody says who comes here and argues on a
particular case.
Mr. Garcia: Yes, but I need is somebody to listen to us.
Mayor Suarez: No, we've...
Mr. Plummer: We're trying to listen to him for a minute.
Mayor Suarez: We're trying to figure out where we are...
Mr. Garcia: Twenty minutes.
Mayor Suarez: ... and you don't have an automatic right to speak on this
issue. What else are you going to tell us on this?
Mr. Olmedillo: OK then we required a 20 foot setback on the westerly side.
The building cannot be closer than 20 feet. And we required 14 trees, mature
trees, on this side. What we were trying to achieve is separate the building
completely from the residential district. So far we have the house that must
remain there which gives a 50 foot buffer. We have the 14 trees plus the 20
foot setback, plus a 4 foot wall on this side.
Mr. Plummer: Did you ever agree to an 8 foot wall?
Mr. Olmedillo: Let me go through that, let me go through the final thing and
let me explain you the issue of the 8 foot wall.
Mayor Suarez: That's what I'm hoping you will do because that's his question.
Mr. Olmedillo: Then we added additional trees on the site and a dumpster
which was located here to relocate away from the residents. What happens is
this, Mr. Mayor and Commissioners, as you know the class C has a process by
which you have an intended decision. Once you have issued the intended
decision, the applicant has the opportunity to meet with the Planning Director
or his designee and explain the reasons why some of the things may or may not
be done. At the intended decision level, we had required inside of the
building, once you set back 20 feet an 8 foot wall at the base of the
building. What happened was that, on second thought, and when we...
Mayor Suarez: Just to clarify, if you have an 8 foot wall at the base of a
building, isn't that the wall of the building?
Mr. Olmedillo: That will be a wall of the building. The problem...
Mayor Suarez: But if the building is higher than 8 feet, doesn't that mean
that just sort of the first 8 feet of a very high wall if it's a large
building, but what you are saying?
240 November 3, 1988
Mr. Olmedillo: Yes, well at that point, we had required an 8 foot wall in the
intended decision, at the intended decision level. When we went back, we
said, this can very easily be converted into enclosed space which will violate
an FAR limitation and then we will have a bigger problem. Let's lower that
wall, let's have a four foot wall where it doesn't allow anybody to get into
the premises and we put the 4 foot wall at the property line and not 20 feet
behind the property line which is under the building because it's very easy
once you have the wall, you have the floor, you have the ceiling, you just
come out over night and....
Mayor Suarez: I don't know about the rest of the Commission but I have no
idea what you're talking about at this point. I would have to see renderings,
I would have to see draw... no, no, no, I'm not asking for them, I'm not
asking for them, I'm just telling you where I am at six minutes to eight with
quite a few items remaining. Unless the Commissioners want to hear further on
this item, I think that this matter - I don't guess that you gain or lose any
rights in the passage of time so you can very well be scheduled to be heard on
this item at the next Commission meeting, if they want and you don't lose
anything or gain anything in the next few days except the possibility of going
to court, if you think that you ought to go to court, because apparently
you've missed the deadline and you're going to argue to us that you didn't get
noticed.
Mr. Garcia: No, no, no.
Mayor Suarez: ... and we're going to explain to you that the notice is not
required to be given to you and we're going to go around and around and
around. But you have a right to do all of that at the next Commission
meeting, not today. OK? Unless the Commission feels otherwise.
Mr. Garcia: May I talk with your permits7
Mayor Suarez: No, no, I'm trying to explain to you, sir, where we are.
Unless some Commissioner feels otherwise, as the chairman of this Commission,
I will rule that way and tell you that you have to come to the next Commission
meeting and we'll schedule you for the next Commission meeting.
Mr. Garcia: But, you know, this is creating a lot of problems to us and....
Mayor Suarez: Oh, believe me, it's creating a lot of problems for us too.
Mr. Garcia: At least let me talk to him...
Mr. Plummer: Well, let me ask a question because I think it's pertinent here.
In this two weeks, have they drawn a building permit?
Mr. Olmedillo: No, sir.
Mr. Plummer: Can we assure, this Commission, that nothing will happen in the
next two weeks?
Mr. Olmedillo: I have to defer to the Law Department.
Mr. Plummer: Well, you know, I don't want these people to be hoodwinked that
they can run in and grab a permit and then we're totally out of the picture of
trying to see and do anything, once they pull a permit, then school's out.
Mr. Olmedillo: I'll defer to the Law Department because I don't know if a
building permit may be withheld.
Miriam Maer, Esq.: I was unfamiliar with the situation until tonight, but
from what I've heard, Planning Department rendered their decision. Within the
time allowed or was not appealed to the Zoning Board. At this point in time,
which would have been the appropriate place to appeal the decision... At this
point in time, the property owner, the applicant, has a right to the building
permit and, in fact, if the City were to arbitrarily withhold a building
permit, we could be subject to an action in court for mandamus to issue the
permit.
Mr. Plummer: See, that's why I was asking about the change of zoning. When
we change that zoning or when it was changed - I voted against it - what was
the change to?
241 November 3, 1988
Mr. Olmedillo: The vote was down - the original application four or five
years ago was to change it to a commercial toning and that was denied by this
Commission.
Mr. Plummer: All right, now....
Mr. Olmedillo: Now, the....
Mr. Plummer: So what is it presently zoned?
Mr. Olmedillo: The present zoning is RS-2/2 which is single family.
Mr. Plummer: Then how can they put an office building?
Mr. Olmedillo: Because this is a transitional area. Remember, any
residential district which abuts a commercial district has...
Mr. Plummer: From off the east?
Mr. Olmedillo: From the east, right.
Mr. Garcia: Excuse me, sir, the east side, excuse me, sir, the east side is a
lease for 30 year with a Shell garage.
Mr. Plummer: Oh, I'm well aware of that.
Mr. Olmedillo: There's a gas station on the corner.
Mr. Garcia: That mean is not part of them, the gas station.
Mr. Plummer: But that's only the first two lots, isn't it? The first two or
three lots.
Mr. Olmedillo: No, CG...
Mr. Garcia: That's not truth.
Mr. Olmedillo: See, the CG designation runs along from here to here.
Mayor Suarez: OK.
Mr. Olmedillo: So...
Mr. Garcia: I'm talking the
Mayor Suarez: Again, once again, as the chairman, I'm going to rule that
we're totally out of order at this point. I have heard enough on this matter
to convince myself that there's nothing we can do tonight to help them. -
That's not to say that you should not get an attorney. You maybe ought to
consider getting an attorney because as far - please, sir - it's far as we can =
tell right now, we can't even stop the City, the staff from giving a building
permit for them to begin work. We don't know any legal way we can do that so
you maybe ought to get yourselves an attorney, maybe ought to be in court, if
not, or even if you do....
Mr. Garcia: No, we want to solve the problem here. We don't have to expend
the money.
Mayor Suarez: Would you listen? If not, or even if you do...
Mr. Garcia: Listen to us, please.
Mayor Suarez: ... if you wish to come and be heard on the merits of this case
and talk all about it and explain to us why you've been treated unjustly, you
can do so, but at the next Commission meeting, not today.
Mr. Garcia: OK, we come to the next Commission meeting and...
Mayor Suarez: And, assuming you want to do that and you're speaking on behalf
of the rest of the group, why don't we go ahead and say and have you go ahead
and put it on the agenda as opposed to them having to write a letter and so
on?
242 November 3, 1988
Mr. Rodriguez: It will be on the next agenda.
Mayor Suarez: OK, we'll hear you at the next Commission meeting. I don't
think you're losing any rights by waiting but maybe you ought to talk to an
attorney about that, don't take my word for it.
Mr. Garcia: I think so. We are treated very unfair.
Mayor Suarez: OK, thank you. You were not on the agenda, sir, thank you.
Mr. Rodriguez: November 17.
Mr. Garcia: But, excuse me, after 6:00 o'clock please.
Mayor Suarez: After 6:00 o'clock is fine with me.
Mr. Rodriguez: After 6:00 o'clock on November 17.
Mr. Garcia: We'll be here.
73. DISCUSSION CONCERNING HELICOPTER CONCESSION ON WATSON ISLAND
Mayor Suarez: OK, item 95. I wanted a status report - on 96 rather. Please.
How are we doing on Watson Island on the helicopter lease? Have we at least
gotten the existing occupant over there to give us, Al, all his logs of who's
using that helicopter and what we're getting out of it?
Mr. Plummer: Hello? Mr. Clerk. Go ahead.
Mr. Al Armada: All right. The status quos remain, we're essentially waiting
for the completion of the master plan for Watson Island. Not only for the
helicopter....
Mayor Suarez: OK, in the meantime, does it not make sense to give them 30-day
notice to vacate unless he begins to meet with some requirements of at least
telling us how many hours we're getting every month?
Mr. Plummer: He's on a 30-day revocable now.
Mr. Armada: Yes, yes.
Mayor Suarez: Yes, no, no, but that's not what I mean, I give him 30-day
notice to vacate and then negotiate with him because he doesn't seem to want
to give us the hours, who's using the helicopter. That's the last time you
and I talked he said to the Manager, he said he didn't want to give us the use
of the helicopter, not even then. I mean, that's the most preposterous thing
I've ever heard in my life.
Mr. Armada: No, we do have reports from him on a monthly basis. They are
about three or four months behind at this point.
Mayor Suarez: As to who uses it?
Mr. Armada: No, not as to who uses it.
Mayor Suarez: I want to know who uses that helicopter. Unless the
Commission, you know, doesn't feel we're entitled to that and if so, I'd want
him to state it on the record today that we're not entitled to know who is
using the helicopter for the ten hours we're supposed to be getting every
month.
Mr. Jorge Fernandez: You should know, Mr. Mayor, that they are going through
bankruptcy reorganization. That means that in the event that we give them 30-
day notice and he doesn't voluntarily leave, that we will have to take him to
court. Any proceeding in state court is stayed until we get leave from the
bankruptcy court to proceed against him in state court. So this further
complicates...
243 November 3, 1988
i
-A
Mayor Suarez: Yes, that one you can get because that's a cancellable lease,
but - I see your point. Mr. Terkhurst, do you want to tell us if you'll give
us the logs every month, who's using that helicopter?
Mr. Terkhurst: I'll be happy to tell you whatever you want to hear. Number
one, we are not...
Mayor Suarez: Sir, did you hear the question? Are you willing to give us
every month...
Mr. Terkhurst: Sir, may I speak, please?
Mayor Suarez: No, no, I want the answer to my questions, sir. Otherwise, I'm
going to make a motion right now to give you 30-days notice to vacate that
location.
Mr. Terkhurst: Sir, as we have stated on many occasions, we have absolutely
no problem in giving you any details you want. The only reason we have not
give you details, sir...
Mayor Suarez: OK, every month you will give, every month, you will give the
City Manager...
Mr. Terkhurst: ... is because we were asked by City staff not to.
Mayor Suarez: OK, who on the City staff told you not to?
Mr. Odio: Don't look at me.
Mr. Terkhurst: Well, I'm telling you, I don't think you want me to say that
now. And besides that, he's no longer a City employee.
Mayor Suarez: All right, as of now because I'm not going to care about the
past because this just goes on and on and on and on.
Mr. Odio: No, no, I want him to say it because - I want him to say who told
him.
Mr. Plummer: It sure wasn't me.
Mr. Terkhurst: Cesar, believe me... we used to give complete details as to
who used time. I have no problem with that, it wasn't ours... it wasn't our
decision not to, we are doing precisely what our agreement says we should do.
Mayor Suarez: I can't verify that, sir, because you don't tell us on a
monthly basis who's been using the helicopter.
Mr. Terkhurst: Why don't you read our agreement and see what it says. It
simply says we report the number of hours. It doesn't say anything.
Mayor Suarez: Sir - sir, I want to change the agreement because I have
nothing to tell the people of Miami that we're getting for the use of that
land except your word that ten hours have been used and you don't even tell us
who has used the hours.
Mr. Terkhurst: Sir...
Mayor Suarez: Can you imagine something more preposterous than that?
Mr. Terkhurst: ... if you would like to come up with any type of reporting
form that you want to use. Absolutely anything.
Mayor Suarez: No, no, it's very simple. Every month I want to know and if
you're willing to give it to us now, otherwise, I'm going to move right now to
give you 30-days notice to vacate.
Mr. Terkhurst: I have no problem getting you any information you want.
Mayor Suarez: OK, every month until we've...
Mr. Terkhurst: I also have no problem if you want to, give me 30-days.
244 November 3, 1988
i
Mayor Suarea: Sir, I'll move it it that's what You want now.
Mr. Plummer: Do...
Mr. Terkhurst: Whatever you want to do.
Mr. Plummer: Come on, now, let's...
Mayor Suarez: Are you willing, every month, to give us a...
Mr. Terkhurst: For the at least fifth time since I've been at that
microphone...
Mr. Plummer: The answer is yes.
Mr. Terkhurst: ... I have absolutely no problem in giving you whatever
reports you want. I would simply like a guideline as to what it is. -
Mayor Suarez% Very simply, air, I want to know, and this Commission ought to
know and the City ought to know and is entitled to know, every month, who is
using the helicopter for the ten hours in question. A schedule of the person,
the use and the number of hours, adding up to at least ten, beginning November
1.
Mr. Terkhurst: Sir, I have no problem with that.
Mayor Suarez: Of this year.
Mr. Terkhurst: However, let me explain to you, according to our agreement, we
have done precisely what our agreement set.
Mayor Suarez: You're not listening to me.
Mr. Terkhurst: We have, in no way, no done it.
Mayor Suarez: You're not listening to me.
Mr. Terkhurst: I'm listening to you, you're not listening to me. I've
already told you.
Mayor Suarez: Sir, are you willing to do that as of November 1, 1988 or would
you like to see if this Commission goes on record as giving you 30-day notice
to vacate?
Mr. Terkhurst: Sir, I think you ought to do whatever you want to do. I've
already said it five times, this is the sixth.
Mayor Suarez: As of...
Mr. Terkhurst: I have no problem giving you whatever report you want.
Mayor Suarez: Can you...
Mr. Plummer: Look, Mr. Terkhurst, can you forward to this City, within the
next 10 days, starting as of December 1st, reporting for the month of
November, how many hours the helicopter was used and who in this City used the
hours.
Mr. Terkhurst: Absolutely no problem whatsoever.
Mr. Plummer: Period, amen.
Mayor Suarez: OK, thank you, air.
Mr. Dawkins: OK, how do you reach - if nobody requests use of the helicopter,
what is he supposed to do?
Mr. Plummer: He'll so state on the record.
Mayor Suarez: He'll so state.
245 November 3, 1988
Mr. Dawkins: Yes, but see, but OK, all right - but I just - but I just avant
everybody •- 1 need to know the ground rules.
Mr. Plummer: OK, let toe add one more thing.
Mr. Dawkins: I need to know, he's supposed to provide it but if nobody goes
and requests it, he can't provide it.
Mr. Plummer: Well, the way it worked in the past, and I don't know that it's
in the contract today, that was accumulative, OK? It was accumulative over a
12-month period, as I recall.
Mayor Suarez: So we could, at some point, require 120 hours.
Mr. Plummer: In other words, that was the thing that you would use it on a
ten hour a month basis...
Mr. Fernandez: It's still that way.
Mr. Plummer: ... and if we suddenly, one month, came up and needed 30 hours,
they would provide it but it would stretch out over the 12-month period.
Mayor Suarez: Like Super Bowl weekend that's coming up, we may need it for...
Mr. Plummer: Well, we did a lot of aerial photography and all of that.
Mayor Suarez: Whatever it may be.
Mr. Plummer: I would also stipulate into that record, Mr. Terkhurst, that you
will start that procedure and it shall be in within five working days after
the last day of the month.
Mayor Suarez: OK, now, thank you, Mr. Terkhurst. Make sure you get that to
us, otherwise you're going to see the item back on the agenda with a motion to
do whatever. Now, Mr. Manager, when are we going to put this out for bids to
the general public?
Mr. Odio: We were instructed by...
Mayor Suarez: That'll probably answer your question, I presume you're
interested in bidding, right?
UNIDENTIFIED SPEAKER: Well, no, no...
Mayor Suarez: No?
Mr. Odio: No, we were instructed by the City Commission to develop a master
plan of the area and master plan is coming...
Mr. Plummer: When will that be finished?
Mr. Odio: In December it will be...
Mayor Suarez: Of 1988?
Mr. Odio: ... of this year. And, as we were told, and after that then we
should begin to do something.
Mayor Suarez: OK, thank you for the report. Ma'am, do you want to address
this issue? Briefly, please.
Ms. Suzanne Spear: My name is Suzanne Spear, I live at 9325 No. Bayshore
Drive. I'm here as a private citizen augmenting in person today what I wrote
you, Mayor Suarez, on October 26th.
Mayor Suarez: Are you the one that offered to pay $10,000 a month?
Ms. Spear: I am not connected with them. I'm just in the aviation business
and I am...
Mayor Suarez: What did you write me? I forget what you wrote me.
246 November 3, 1988
i
Me. Spear: I wrote that I strongly supported the full competitive bidding
process.
Mayor Suarez: Oh, well we're definitely going in that direction.
Ms. Spear: Right and because I'm in the aviation business, I just happen to
know that Crescent Airways is an outstanding company and they're the very ones
who said, OK, we'll give you 20 hours a month plus $10,000 to the City. And
I'm just here to support them strictly as a private citizen. And I want to
emphasize, they don't want to come in the back door, they want to be part of
the competitive bidding process.
Mayor Suarez: Well, it looks like that's the way it's going to have to be.
And I do - I don't have the letter to introduce into the record, but I did
receive a letter to that effect and I guess the newspapers have published what
it contained.
Ms. Spear: Right, well I can give you the...
Mayor Suarez: And I think that was the company, I don't remember, Crescent.
Ms. Spear: Right, it was Crescent Airways and they're very outstanding.
Mayor Suarez: Thank you.
Ms. Spear: Thank you.
Mr. Terkhurst: I'd like to make a rebuttal to that statement.
Mayor Suarez: I don't
Mr. Terkhurst: I have no problem with Crescent Airways, however, this went
out for bid...
Mayor Suarez: Mr. Terkhurst, I have absolutely no interest, if Commissioner
Plummer or anyone else wants to know what your thoughts are on what we should
do with the island, that's fine, but I don't.
Mr. Terkhurst: I didn't really ask you if you did. I'm simply saying, two
years ago when this thing came out for bid...
Mayor Suarez: Sir, you're out of order! And if you... Sir, you're out of
order! If you do that one more time, I'm going to have you removed. Now,
Commissioners want to hear from you, that's fine, but I don't have any
interest whatsoever. Bye, bye. Item 97.
Ms. Ellen Gilmore: May I say something?
Mayor Suarez: Yes, ma'am, on the prior issue?
Mr. Plummer: Well, wait a minute, now, now, in all fairness, Mr. Mayor, if
the issue is closed, then the issue should be closed, in the fairness to
everybody.
Mayor Suarez: Ma'am, all we did is require that the existing person who has
the lease there, that's a month to month lease, give us a report every month
on the number of hours he's using and I clarify, from the City administration,
that we're going to go out for bids very soon, as soon as we complete the
master plan. That's all we've done. So there's nothing else to...
Ms. Gilmore: Can I at least go on the record as having been here?
Mayor Suarez: Yes, what's your name, ma'am?
Ms. Gilmore: Ellen Gilmore, Sky Lark Helicopters, Inc., as you well know.
And I'm here to also get in on the bidding and...
Mayor Suarez: OK, we're not at that stage yet but you might want to be
apprised of the fact that we'll be at that stage pretty soon, we hope.
Ms. Gilmore: When it comes up, I want to be able to bid.
247 November 3, 1988
Mayor Suarez: Beautiful.
Ms. Gilmore: Thank you.
Mayor Suarez: Thank you, ma'am.
----------------------------------------------------------------------------
74. DISCUSSION CONCERNING REDESIGNING OF INTERSECTION OF S.W. 22 STREET
(CORAL WAY) AND S.W. 13 AVENUE
------------------------------------------------------------------------------
Mayor Suarez: Item 97, intersection of S.W. 22nd Street and S.W. 13th.
Mr. Plummer: What's happened there?
Mayor Suarez: What's going on?
Mr. Jim Kay: Mr. Mayor, Commissioners, property owners in the vicinity of
S.W. 13th Avenue and Coral Way were concerned at a previous meeting about the
traffic restrictions which were installed at that intersection about a year
ago and a public hearing was requested. You also requested us to have here at
the hearing members of the various agencies who are responsible for that
construction and we have them here. Mr. Pete Hernandez from Dade County
Public Works, Metro Traffic and Transportation is here. We had Mr. Karacour
from the Florida dock here, I think he had to leave but Mr. Hernandez and Mr.
Karacour have met with this evening met with the roads area homeowners
association and a small contingency here and I think that something is getting
resolved so...
Mayor Suarez: Usually travel in large groups but...
Mr. Joe Wilkins: We had a larger contingency but they are home putting their
children to bed right now. They left quite early. This was scheduled for
5:00 o'clock, so...
Mayor Suarez: Ah, in accordance with Commissioner Dawkins recommendation.
Mr. Plummer: Well, is the matter resolved or not?
Mr. Wilkins: No...
Mr. May: I would like for...
Mr. Plummer: If it is, why are we taking up time?
Mr. Wilkins: We did talk with Mr. Hernandez. But basically the situation
resolves around two sets of complaints. There's complaints regarding the bus
traffic on 31st Road. The county, in an effort to resolve that situation,
redesigned this intersection. Now we're getting complaints from all over the
neighborhood about the intersection. To the best of my knowledge and from
what we were able to find out from the neighborhood businesses, there was no
public hearing prior to this redesign or prior to the consideration of the
alternatives for the bus route. We are going to try to work with the county
to re -look at the situation, we are just asking for the City's support and
_ whatever they can do to help us to get this situation resolved. Because
basically they took one unacceptable situation and now they have created...
Mr. Plummer: Another.
Mr. Wilkins: ... one that's even more unacceptable. We would just like the
opportunity to have our membership or to have our people in the area to
participate in the correction of this problem.
Mayor Suarez: Are we expected to take any action today at all on this?
Mr. Kay: This was a discussion item. What we basically have done, the City
has done, is to get the two parties together and Mr. Hernandez and Mr.
Karacour have asked for all of the correspondence and petitions to be sent to
the county so that they can start working on the project to give them some
relief.
248 November 3, 1988
Mr. Wilkins: We just mainly want the City to be aware, and again, if there's
any support or anything the City Can do to help us get this resolved, that's
what we're here to ask.
Mr. Plummer: Sir, we're going to get a whip and we're going to beat you if
you don't cooperate with these homeowners.
Mr. Wilkins: Thank you very much.
Mr. Hernandez: We didn't have the opportunity to discuss with them the
problem and we will be working with them.
Mr. Plummer: You will learn to love them.
Mr. Hernandez: Definitely.
Mr. Plummer: All right. That's all we wanted to hear.
Mayor Suarez: They're not totally unreasonable, they're somehow unreasonable
in numbers but not in concept.
Mr. Hernandez: it's just that it took a while - no, it's just that it took a
while for them to get around to us, that's all.
Mayor Suarez: Very good.
Mr. Wilkins: Thank you very much.
Mayor Suarez: Thank you, Joe.
75. DISCUSS AND DEFER PROPOSED VEHICULAR ACCESS TO S.W. 28 STREET AT S.W. 26
AVENUE
Mayor Suarez: Item 98.
Mr. Jorge Fernandez: This is a public hearing, Mr. Mayor.
Mayor Suarez: It doesn't sound like we have drawn a real large crowd for
this. Who is...
Mr. Plummer: Well, this is just the one intersection.
Mr. Kay: This is just the one intersection, it was scheduled for a public
hearing.
Mayor Suarez: Who is here on this item? Raise your hand, please, if anyone.
Bob.
Mr. Plummer: There were a number of people before.
Mayor Suarez: OK.
Mr. Plummer: And what is - remind, me what is it proposed to do here?
Mr. Kay: The proposal is to close S.W. 28th Street in the vicinity of 26th
Avenue. I guess the other closure, as you see on there, those are the
closures that are about to occur, some have already occurred. And I guess
it's just sort of catching.
Mr. Plummer: Right, and they were concerned that not only was 28th Street the
raceway, but it also in fact was going to create a problem for - the other
streets being closed at their intersection.
Mr. Kay: That was their concern. Metro -Dade traffic has installed the four-
way stops at the intersection of 28th Street and Calusa.
Mr. Plummer: And Calusa?
249 November 3, 1988
Mr. Kaye item.
Mr. Plummer -That's way back, Too, t wish they'd put aome at those on
'Pigertail. West of lith Avenue.
Mr. Kay: For the record...
Mr. Plummer: Well, let me ask this question. Vas that to be proposed to be
closed or was it proposed to be closed at 28th Street?
Mr. Kay: It was proposed to have 28th Street closed; 28th Street is supposed
to be closed. Jefferson is already closed there at 28th Street. for the
record, we have correspondence from the Departments of Police, Fire#
Sanitation, Public Works opposing the closure of 28th Street.
Mr. Plummer: Well, what were they hoping to accomplish there, keep...
Mr. Kay: I'm not really certain, sir. He's not here tonight, the gentleman
who was...
Mr. Plummer: Well, listen...
Mr. Dawkins: All right, I will defer it till he's here.
Mr. Plummer: Yes, that's fair.
Mayor Suarez: Motion to defer, second. Any discussion? Call the roll.
ON MOTION DULY MADE BY COMMISSION DAWKINS AND SECONDED BY
COMMISSIONER PLUMMER, THE ABOVE ITEM WAS DEFERRED BY THE FOLLOWING
VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Are we still conferring about this or are we OK on it?
Mr. Plummer: On what?
Mayor Suarez: I don't know if he's conferring with him on it.
Mr. Dawkins: Cally, you OK?
UNIDENTIFIED SPEAKER: Yes....
250 November 3, 1988
76. MARK VALENTINE AS SPECIAL COUNSEL TO CIVIL SERVICE BOARD
Mayor Suarez: OK, item 99.
Mr. Dawkins: I move to appoint Mark Valentine.
Mayor Suarez: Does the City Attorney have any recommendation on these or are
these just strictly up to us or have you given us a list of those that are...
Mr. Jorge Fernandez: Yes, we have given you a list, this is completely up to
you. I have contacted the individuals that appear on that list for the Civil
Service Board. The people recommended are Richard Weiss, Mark Valentine,
Leslie Langbein and Armando J. Bucelo. These are all individuals, attorneys
of good standing capable and competent of performing the duties required of
them for the Civil Service Board. The reason that you make the selection is
that I have members of my staff that appear in front of these boards as
advocates and it would present a great conflict of interest for me to have
someone of my staff be an advocate in front of someone else whom I have single
handedly otherwise appointed to a position. This way by you appointing the
person, I stand in a better position to appear as an advocate in front of that
board and have this attorney act independently. Together with the
appointment, I would ask that you set parameters for me to engage in
negotiations and determine the method of payment and the amount of money to be
paid for the services for the ensuing year.
Mr. Dawkins: You have them ranked here alphabetically and not...
Mr. Fernandez: Yes, only alphabetically.
Mr. Dawkins: OK, all right.
Mr. Plummer: I'll nominate Armando Bucelo.
Mrs. Kennedy: Well, that was what right now was just asking the
process. OK.
Mr. De Yurre: So which board is that now?
Mr. Fernandez: We're talking now about Civil Service Board and you should be
made aware that the next item is the item for the Code Enforcement Board and
there I have adopted a similar procedure for your consideration, submitting to
you the name of (Tape 19) five other individuals also.
Mrs. Kennedy: Excuse me a second, my...
Mr. Dawkins: OK, let me make a statement. Let me make a statement here now.
Mark Valentine is presently the attorney serving with the Civil Service Board.
Every member of the Civil Service Board who has spoken with me, they have no
problem with Mark Valentine. Now, with that on the record, I go with Mark
Valentine. He only has one vote so you all go ahead.
Mayor Suarez: I know, I seconded the motion for Mark Valentine. I guess we
have two motions on the floor. I don't...
Mrs. Kennedy: All right, my item 99 says, appointment of code enforcement
board counsel...
Mr. Plummer: No, that's 100.
Mrs. Kennedy: OK, then I have...
Leslie Langbein, Esq.: Mayor and Commissioners, may I just introduce myself,
I'm Leslie Langbein with the firm of Valdez-Fauli, Cobb & Petrey in Miami and
I'm currently the board counsel for the City of Hollywood Civil Service Board.
I'd welcome any questions if you have.
Mayor Suarez: We got correspondence from you. I guess all of us did, right?
251 November 3, 1988
Mrs. Rennedy: Well, I nominate Armando Puceio for the Code Jnforcement $oard.
Mr. Fernandez: That's the next item, Madab Vice Mayor.
Mayor Suarez: OK, are you withdrawing that for item 001
Mr. Plummer: Well, if I don't get a second, I guess I have to.
Mayor Suarez: Going once, going twice on nomination of Armando Buceio on itbra
99.
Mr. Plummer: I withdraw it, of course.
Mayor Suarez: Going three times.
Mr. Plummer: No withdraw, it dies for lack of a second.
Mayor Suarez: City Attorney, to the extent that you have any involvement in
the Civil Service Board, you have...
Mr. Fernandez: I have full involvement in both of these boards as an advocate
in front of them and the Civil Service...
Mayor Suarez: Are you satisfied on Mr. Valentine's representation?
Mr. Fernandez: Yes, as well as I believe that...
Mr. Dawkins: OK, what were you paying him? What do you pay him now?
Mayor Suarez: What does the City pay?
Mr. Fernandez: Right now, he bills on an hourly basis and I believe...
Mr. Dawkins: What do he bill for hours, sir?
Mr. Fernandez: He bills $115 per hour.
Mr. Dawkins: OK, so, all right, I move that we go with Mr. Mark Valentine at
his present rate.
Mayor Suarez: OK, so moved, I second.
Mrs. Kennedy: Moved and seconded. Any further discussion? Please call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1077
A RESOLUTION DESIGNATING MARK A VALENTINE FROM AMONG
THE LAW FIRMS RECOMMENDED BY THE CITY ATTORNEY TO ACT
AS SPECIAL COUNSEL TO THE CIVIL SERVICE BOARD, SAID
FIRM TO BE APPOINTED BY THE CITY ATTORNEY TO SERVE AS
SPECIAL COUNSEL TO SAID BOARD AT THE RATE OF
COMPENSATION SPECIFIED HEREIN WITH FUNDS THEREFOR IN
AN AMOUNT NOT TO EXCEED $18,000 TO BE PROVIDED FROM
MONIES APPROPRIATED IN THE BUDGET OF THE CIVIL SERVICE
OFFICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
252 November 3, 1988
0
0
AYES: Commissioner Victor be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: It's the only name there, yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mrs. Kennedy: OK, on item 100 now, I nominate Armando...
Mr. Jorge Fernandez: Yes, excuse me, Miss Vice Mayor. In regards to both
item 99 and 100, besides you appointing the person I would like or I would
need for you to give me authority to engage with the person whom you have
selected an agreement with them defining the method, how they're going to bill
the City and how they will be paid and setting parameters or an amount
certain...
Mr. Plummer: He's already set the amount. He said a hund... what you paid
him before.
Mr. Fernandez: Yes, but that's only determining the rate per hour, it doesn't
give me a cap and I really need to have a cap.
Mr. Dawkins: How can you have a cap if you don't know how many hours - I
mean, I don't know, sir, but the Civil Service Board meet three hours one day,
they meet five hours the next day, they meet six hours the next day, you
know...
Mr. Fernandez: But it is on the average it can be predictable, we have
acquired from the director of the Civil Service Board as well as from the
board members an approximation of the number of hours that it takes to perform
the duties...
Mr. Dawkins: OK.
Mr. Fernandez: ... and so there is a range that can be established and I'd
recommend to this Commission that you authorize me to negotiate with both the
attorneys that you select for Civil Service and Code Enforcement in the range
of $15,000 - $20,000.
Mr. Dawkins: I authorize you to research for me over the last four years and
let me know the total number of hours that the attorney was paid for with the
Civil Service Board and then we'll sit down and try to negotiate a deal.
Mr. Plummer: That's fair.
Mr. Fernandez: All right.
Mr. De Yurre: But, let me ask you, why is it with the differential in the
hours between one board and the other, the max? One is one ten and the other
one's one thirty-five?
Mayor Suarez: Well, it probably has more proceedings and more...
Mr. Fernandez: Yes, well what I have asked from the attorneys that have
participated in this process is for them to give me what they consider to be
both the - they approximate the number of hours it would taken them to do the
task as well as the rate that they would be charging. So you will see that
each attorney has different rates but it's the understanding is that...
Mr. De Yurre: You're going to have the same rate for both boards.
Mr. Fernandez: Not necessarily.
253 November 3, 1988
•
•
Mr. Plummer: What is this, a smorgasbord?
Mr. Fernandez: Well, they have never had the same. At one time originally
when they were both established and created, they were both given the same
cap. However, over the years, my reading into what has transpired is that one
board has more hours or spends more hours than the other board.
Mr. De Yurre: Well, I have no problem getting paid for additional hours, I
just wanted to set the cap as to how much they're going to get paid per hour.
That's my point.
Mr. Fernandez: I'd recommend that a cap of $115 per hour is very reasonable
and I submit to you that for either of these board, a range between $15,000
and 420,000 would also be reasonable.
Mr. De Yurre: OK, I got...
Mr. Fernandez: I have researched this area. Mr. Dawkins, I can give you
greater details and go more in depth, but basically I feel that I'm in the
ball park.
Mr. Plummer: Not tonight, please.
Mr. Fernandez: All right.
Mr. Yurre: OK, I move that.
Mr. Plummer: Go negotiate it and....
Mayor Suarez: Call the roll on that. Did we call the roll on 99?
Mr. Fernandez: Yes.
Mr. Plummer: Yes.
77. ARMANDO BUCELO AS SPECIAL COUNSEL TO CODE ENFORCEMENT BOARD
Mayor Suarez: OK, item 100.
Mrs. Kennedy: One hundred, I nominate Armando Bucelo.
Mayor Suarez: So moved.
Mr. Plummer: I nominate Alan Rosenthal.
Mayor Suarez: So moved. Neither one has a second so far. Let me say this, I
have heard in the last Commission meeting and I particularly direct this part
of my comments at Alan, that our Code Enforcement Board is not working to my
satisfaction. I don't say I'm blaming that in any way on you as the prior
attorney, but I have, at least for myself, concluded that maybe a change is
needed. I also have been in contact with both Mr. Armando Bucelo and Mr.
Terry Percy and I want to ask the City Attorney a question as to those two.
Is there any differential on the fees that either one would charge? On the
per hour basis?
Mr. Jorge Fernandez: Yes there is.
Mr. Plummer: No, we're setting the fee.
Mayor Suarez: We're setting those? I mean, is either one coming...
Mr. Fernandez: Yes, but I would recommend to you that you set those and then
I go back to the person that you appoint and I'm confident that I'll be able
to negotiate on the basis of those parameters.
Mayor Suarez: OK, because I was going to say, if they came in at...
Mr. Fernandez: They were all very much in the ball park.
254 November 3, 1988
Mayor Suarez: i would assume that Terry Percy, having worked with the City
for many, many years would be a lot more familiar with the proceedings in
question than Mr. Bucelo and I would be disposed, if it was a matter of the
same per hour fee to recommend Mr. Percy on that. Let me go ahead and
since...
Alan Rosenthal, Esq.: Mr. Mayor, can I respond to your comment?
Mayor Suarez: Yes, in a second, Alan, but we've got motions here that don't
have seconds, so I don't procedurally don't really know what to do except
to...
Mr. Plummer: Let me ask you, do we need a second for a nomination?
Mr. Fernandez: Yes, you do.
Mayor Suarez: It's the only proceeding we know of.
Mr. Plummer: Oh, OK.
Mayor Suarez: I'll move Terry Percy as long as we've got two other motions.
See which one gets a second.
Mr. Dawkins: We got - what you got now? -got Alan Rosenthal, Terry Percy and
Armando Bucelo. That who we got?
Mayor Suarez: Right.
Mr. Fernandez: And you also have for your consideration, Mr. Anderson and Mr.
Corner.
Mr. Plummer: I want to tell you something, this doesn't say anything to the
losers, but I want to tell you, I'm damn proud of the caliber of people who
have asked to be considered. It's a lot better than what it had been in the
past.
Mr. Dawkins: I second Terry Percy.
Mayor Suarez: I guess you're chairing at this point, you haven't nominated
anybody, have you?
Mrs. Kennedy: I did. I have Armando Bucelo but I haven't gotten a second
yet.
Mr. Plummer: I have Alan Rosenthal and I haven't got a second. Due to the
lack of interest, today's been cancelled.
Mayor Suarez: You got to call the roll on the one that has a second.
Mrs. Kennedy: Well, what did you do?
Mayor Suarez: I seconded - no, I nominated or I moved Terry Percy. Since
that has a second, Madam Chairperson or whoever's - who's chairing the
Commission at this point? Everybody's moved or seconded one, right?
Mrs. Kennedy: Everybody has some...
Mr. Fernandez: Vice Mayor Kennedy.
Mr. Plummer: No, no, no, no.
Mrs. Kennedy: No, I nominated...
Mayor Suarez: Except for you.
Mr. Plummer: No.
Mayor Suarez: Would you have Mr. Rosenthal make a presentation if he wants,
since we have a motion and a second.
Mrs. Kennedy: Oh, I'm chairing the meeting? OK, go ahead, Mr. Rosenthal.
255
November 3, 1988
Mr. Rosenthal: Thank you, Alan Rosenthal from Rosenthal and Yarkin, 100 S.E.
2nd Street. Mr. Mayor, I've represented the Code Enforcement Board since late
1985. In the year prior to the time when we commenced representation, the
Code Enforcement Board heard 75 cases. Our immediate task was to do something
about the low morale among city inspectors, the unwieldy procedures whereby it
took six months from a notice of violation to be issued to a hearing to be
held by the Code Enforcement Board at that time. The paperwork was enormous
between the Law Department, the Clerk for the board, and the Building and
Zoning Department. Everybody concluded at that time that the code enforcement
process was a mess. We set out to restructure the board, to redo the
procedures and we did just that. In the year after we redid the procedures,
over 400 cases were heard by the Code Enforcement Board, the time period from
a notice of violation to a hearing was reduced from six months to 45 days.
Mayor Suarez: How many were heard last year, as long as...
Mr. Rosenthal: Over 400.
Mayor Suarez: Last year over four hundred?
Mr. Rosenthal: Yes, sir. They're currently, as a result of the revitalized
procedures that we drafted and instituted, there currently exists, according
to the Department of Building and Zoning, over $3,000,000 in fines levied by
the Code Enforcement Board subject to collection. The morale of the
inspectors, I think everyone would agree, has been elevated to a high level.
Mayor Suarez: Is the collections at all a part of the jurisdiction of the
special counsel?
Mr. Rosenthal: No, sir. The collection is done through the City Attorney's
office, the Building and Zoning Department, and, in fact, we have assisted
them in coming up with lien procedures. I would like to....
Mayor Suarez: I was going to ask that as a secondary question. Have you
proposed any procedures to make the collections, you know, a little bit more
efficient? I gather we're not collecting particularly well.
Mr. Rosenthal: Mr. Mayor, we have made proposals, however, it was suggested
by us over a year ago when that process began the City Attorney's office be
involved in drafting those procedures to reduce the expense to the City of
Miami of us doing it. We have assisted them in that process and participated
in meetings. I would like to point out to the Commission that we have been
under budget every single year since we were appointed for funds that were
allocated to pay our fees and costs. We have agreed to reduce our fees this
year to the City in light of the very obvious to every citizen in this
community, of which I am one, difficulties from a budget standpoint. And so
we have agreed - last year we were paid approximately $24,000 in fees and
costs by the City of Miami - we have agreed to an annual cap of $15,000 this
year save for litigation with prior approval of the City Attorney before any
such additional fees would be incurred. Mr. Mayor, I think what's happened in
Code Enforcement in this City and we do not claim all the responsibility, this
Commission has appointed a whole new board since we were appointed. I think
there is only one member still on the board from the time when we were
appointed.
Mayor Suarez: People are having a tough time finding their way to the Code
Enforcement Board, that's one problem we have to solve. I don't gather it's a
problem of the special counsel for the board at all.
Mr. Rosenthal: And it's not a problem with the board. Part of the problem
may be sufficient inspectors with sufficient ability to go out on the street
and bring cases in. The fact of the matter is, the number has increased.
Before we took over special counsel...
Mayor Suarez: A private individual, per se, cannot bring in a complaint, can
he or she?
Mr. Rosenthal: They can notify the City of Miami, Department of Building and
Zoning, virtually any department and get to the right place and report a
violation. We have found...
256 November 3, 1988
Mayor Suarez: But the City has to initiate the proceeding before Code
Enforcement Board, right?
Mr. Rosenthal: That's correct. If I may, I believe that there's been a
substantial improvement in other departments other than Building and Zoning.
Department of Finance was having difficulty collecting past due occupational
license fees. We established a procedure, a rather quick procedure by which
they could come before the Code Enforcement Board and I believe there's been a
substantial increase in the number of past due occupational license fees that
have been collected. If I may, Mr. Mayor....
Mayor Suarez: Is that a Code Enforcement function?
Mr. Fernandez: Say that again, I'm sorry, I...
Mayor Suarez: Occupational license fee collections or violations, is that...
Mr. Fernandez: Yes. Everything that's in the code...
Mayor Suarez: Everything except for the building...
Mr. Rosenthal: Everything except South Florida Building Code.
Mr. Fernandez: Exactly.
Mayor Suarez: Except for the building code.
Mr. Fernandez: Exactly. Everything. And, more and more, every time as we
enact ordinances...
Mr. Plummer: Everything but 20 Samana Drive. I'm telling you, if that thing
isn't... if that's isn't down in...
Mr. Rosenthal: Mr. Mayor, Mr. Mayor, if I might and I'll conclude. I don't
think it's being immodest because this was a team effort. The code
_ enforcement in the City of Miami, at least as it relates to the board, has
improved dramatically. It's a problem that is not broke. It's working and
doing what it needs to do because the difference now is that where before it
didn't matter if you went before the Code Enforcement Board. First of all, it
took six months, the problem never got resolved. Now, when you come to a Code
Enforcement Board meeting, out of the 30 or 40 cases scheduled, the City
_ Attorney's office obtains stipulations for people to correct it and correct it
now. Why? Because people know that if they're found guilty, they're going to
be given a short time frame to correct it and a heavy fine if they don't.
Code enforcement is working. I believe we have contributed in a significant
way to that process. We very much want to continue. I would like to point
out that the representative of the Code Enforcement Board is precluded from
doing any other business with the City. This is not...
Mayor Suarez: Well, wait, we may be about to benefit you then in that sense.
Mr. Rosenthal: I'm not looking for that. I'm very proud of what we've done.
I'm very proud of what happens in Code Enforcement Board meetings today and we
want to continue in that effort. That's why we are charging half our normal
hourly rates, that's why we have agreed to a lower cap.
Mayor Suarez: What are your normal hourly rates if I may ask?
Mr. Rosenthal: For normal litigation for me, it's $200 an hour. We have
agreed to charge $100 an hour to the City. I have been paid, since 1985...
Mayor Suarez: I'm just checking up on the market, you know, I occasionally
compete in this area and I...
Mr. Rosenthal: I can't keep up with the big firms, Mr. Mayor.
Mr. Plummer: It's been so long since he's practiced law, he...
Mayor Suarez: Very good.
Mr. Rosenthal: Mayor, we have reduced the rates that we were started - paid
three years ago. When I first started I asked, I said, what do you pay
lawyers, outside counsel? And that's what they told me and I said, OK.
257 November 3, 1988
Mayor Suarez: We try to pay then► nothing but, fortunately...
Mr. Rosenthal: I would do it for free, but my associates and my secretaries,
they want a check every Friday, my new baby...
Mayor Suarez: Is this one of your partners, associates?
Mr. Rosenthal: My associate, Mindy Funk, who routinely services the board as
well. One other point that the Commissioner had raised. This is a board
where the City Attorney cannot do both jobs. And I know if they could, they
would, it'd save some money.
Mayor Suarez: That we would. Thank you.
Mr. Rosenthal: Thank you.
Mayor Suarez: Madam Vice Mayor, you're chairing.
Mrs. Kennedy: All right, well I - at this point, I'm going to second
Commissioner Plummer's nomination of Alan Rosenthal.
Mr. Plummer: Oh, oh, OK, I'm sorry. I think you need to declare that.
Mayor Suarez: Don't we have to vote first on the motion on the floor?
Mr. Plummer: No, what she's saying is, her motion is dead.
Mayor Suarez: There's one that's been seconded. Right.
Mr. Plummer: So then, she is seconding my motion. I was questioning whether
she could make a motion and second a motion at the same time.
Mayor Suarez: No, she's withdrawn her motion, I guess.
Mr. Plummer: She's, well... or it dies in effect.
Mrs. Kennedy: It does?
Mayor Suarez: I think you have to first take a vote on the motion on the
floor unless you have a substitute motion.
Mrs. Kennedy: Well, then I would go with my original motion of Armando
Bucelo, Jr.
Mayor Suarez: Why don't you take a vote on the motion on the floor?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: No, it was, it was seconded.
Mrs. Kennedy: No, it was not seconded.
Mr. Plummer: No, there's only one motion - there's only one candidate that
has a second.
Mayor Suarez: The one that's been seconded is Terry Percy.
Mrs. Kennedy: All right, I'm sorry, OK.
Mr. De Yurre: Where are we at now?
Mrs. Kennedy: We're voting on Terry Percy.
Mr. De Yurre: Well, are you going to take them one at a time or...
Mrs. Kennedy: One at a time, OK.
Mayor Suarez: Well, that one has been seconded, the only one seconded.
Mr. Plummer: No, there's only one on the floor with a second.
258 November 3, 1988
t'.
Mrs. Kennedy: Terry Percy, the only one who got a second.
Mr. De Yurre: But, I thought Rosario seconded your nomination.
Mr. Plummer% Well, then she would have to withdraw her nomination to second
mine.
Mrs. Kennedy: Well, my nomination died because it never got a second.
Mr. Fernandez: No, no, the pending motion that you must vote on is that of
Terry Percy who is the first one who got a second.
Mrs. Kennedy: Right. So we're voting on Terry Percy's nomination. Any
further discussion? Please call the roll.
ON MOTION DULY MADE BY MAYOR SUAREZ AND SECONDED BY COMMISSIONER
DAWKINS, THE FOREGOING MOTION TO DESIGNATE TERRY PERCY AS SPECIAL
COUNSEL TO THE CODE ENFORCEMENT BOARD FAILED BY THE FOLLOWING
VOTE:
AYES: Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: No disregard to Mr. Percy, but the answer is no.
COMMENTS MADE FOLLOWING ROLL CALL:
Mrs. Kennedy: All right.
Mayor Suarez: We have two on - motions that have not been seconded.
Mr. Plummer: I'll once again...
Mayor Suarez: I'll - I'm sorry, go ahead.
Mr. Plummer: I'll once again nominate Alan Rosenthal.
Mayor Suarez: And I'll second Armando Bucelo's nomination.
Mrs. Kennedy: Oh, great.
Mrs. Kennedy: So, is Armando...
Mr. Fernandez: So now, the motion that you must discuss is that which has
been seconded which is that of Mr. Bucelo.
Mrs. Kennedy: Armando Bucelo.
Mayor Suarez: OK, I seconded it, so...
Mrs. Kennedy: All right, any further discussion?
Mayor Suarez: No, you moved it.
Mrs. Kennedy: Oh, yes, I can't chair the meeting, it's my motion.
Mr. Plummer: All right, well, wait a minute, let me find out where the hell I
am now.
Mr. Dawkins: It's late at night.
Mr. Plummer: In other words, is there anyone - let's do it this way. Is
there anyone, going once, to second the nomination of Alan Rosenthal, going
twice, going three times. The motion dies for the lack of a second. The only
motion on the floor is that of Mr. Bucelo made by the Mayor...
259 November 3, 1988
Nits. Xtnnedy: No.
Mt, Plum 6 r: ... seconded by the Mayor, taade by Rosario Kennedy. Any further
discussion? Hearing none, call the toll.
The following resolution WAS introduced by Commissioner Kennedy, who
moved its adoptions
RESOLUTION NO. 88-1078
A RESOLUTION DESIGNATING ARMANDO J. BUCELO FROM AMONG THE
LAW FIRMS RECOMMENDED BY THE CITY ATTORNEY TO ACT AS
SPECIAL COUNSEL TO THE CODE ENFORCEMENT BOARD, SAID FIRM
TO BE APPOINTED BY THE CITY ATTORNEY TO SERVE AS SPECIAL
COUNSEL TO SAID BOARD AT THE RATE OF COMPENSATION
SPECIFIED HEREIN WITH FUNDS THEREFOR IN AN AMOUNT NOT TO
EXCEED $18,000 TO BE PROVIDED FROM MONIES APPROPRIATED IN
THE BUDGET OF THE BUILDING AND ZONING DEPARTMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
Mr. Plummer: Motion passes four to one for Mr. Bucelo.
Mr. Fernandez: And then also, together with this, is your authorization to me
to negotiate with Mr. Bucelo on the basis of the range that I have stated.
Mayor Suarez: Yes...
Mr. Plummer: The same conditions apply as before.
Mr. Fernandez: The same, all right, as with the other ones.
Mayor Suarez: And also on this, you had looked at the qualifications of all
of the applicants...
Mr. Fernandez: Yes.
Mayor Suarez: ... and deemed that all of them were qualified, right?
Mr. Fernandez: Yes, I certainly did.
NOTE FOR THE RECORD: At this point the Commission deferred items
101-103. These items were later taken up. See labels 79, 80, and
81.
260 November 3, 1908
70. CITY EMPLOYEE 1088 HOLIDAY PARTY waive $4,800 cost of Riverfront Hall at
Hyatt
-------- rr------
Mrs. Kennedy: Mr. Mayor...
Mayor Suarez: Yes, wait, wait - Commissioner Dawkins wants to make a
statement on it.
Mrs. Kennedy: Just a waiver for the 1988 holiday party for the City of Miami
employees. Let me see what this is, at the Hyatt, in the City's Riverfront...
Mayor Suarez: There he is, he didn't go away.
Mr. Dawkins: He didn't go away, here's Ron Silver.
Mr. Fernandez: Oh, then he never left.
Mrs. Kennedy: ... in the City's Riverfront Hall.
Mayor Suarez: Please, please, go ahead. Go ahead, I'm sorry, Madam Vice
Mayor.
Mrs. Kennedy: To waive the cost of the Riverfront Hall which is $4,800.
Mr. Plummer: Where's the Riverfront Hall?
Mrs. Kennedy: It's at the Hyatt.
Mr. Plummer: We can't waive it.
Mrs. Kennedy: And if any costs are realized, the City employees will turn
them over to the City.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-1079
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
AN AMOUNT NOT TO EXCEED $4,800 FROM SPECIAL PROGRAMS
AND ACCOUNTS, CONTINGENT FUND TO COVER THE RENT AT THE
RIVERFRONT HALL, MIAMI CONVENTION CENTER, ON FRIDAY,
DECEMBER 9, 1988, IN CONNECTION WITH THE CITY'S
HOLIDAY PARTY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
261
November 3, 1988
------------------------------------------------------------------------
79. RONALD SILVER AS SPECIAL COUNSEL TO DEPARTMENT OF OFF-STREET PARKING
Mayor Suarez: Now, are you saying that you want to get into this...
Mr. Dawkins: Yes.
Mayor Suarez: ... business of 101, 102, 1037
Mr. Dawkins: Yes, one oh - yes. No, one oh - we did 101. Yes, 101.
Mr. Plummer: Christ, what will Ronnie Ramos have to write about tomorrow?
Mr. Dawkins: I move to retain him as special counsel, period.
Mayor Suarez: Now...
Mrs. Kennedy: I second.
Mayor Suarez: Moved and seconded.
Mr. Plummer: At what cost?
Mr. Jorge Fernandez: Twenty...
Mrs. Kennedy: $25,000.
Mayor Suarez: Yes, the newspaper had this article that implied that, somehow,
instead of reducing greatly the expenditures for legal representation that
we're somehow going to increase it and before I vote on Ron Silver's - state
representative Ron Silver, although he's here in an individual capacity, as an
attorney - on his compensation, I want to know about the whole package,
otherwise...
Mr. Dawkins: Well, I'm taking it one at a time, I'm killing the rest of it.
Mayor Suarez: Well, but...
Mr. Dawkins: ... I'm going to vote to kill the rest of the package. I'm
voting to pay Ron Silver $25,000, the same amount as last year, and I already
went before the voters and promised them I was going to reduce the costs and
that's what they voted for and the City Attorney will have to find some kind
of way to provide whatever, in my opinion, provide whatever it is.
Mayor Suarez: OK.
Mr. Dawkins: So, the first motion I'm making is to retain Ron Silver as
special counsel for the $25,000 he made last year and then I'll get into the
second part.
Mayor Suarez: OK, but you can't have your cake and eat it too. I want to
a state how I feel about it. I don't know how the three votes are going to line
up. I may not be quite as drastic as Commissioner Dawkins but along the same
lines, I don't believe that I - I'm not going to vote in favor of anything on
102 and 103 that would even get remotely close to the figures I read in
today's paper, or yesterday's paper, which ever paper it was.
Mrs. Kennedy: Right.
Mr. Fernandez: Of course not.
Mrs. Kennedy: Today's paper, yes.
Mayor Suarez: I may not go for zero for, you know, another firm or the firm
that you're associated with too, right Ron? But what are you going to
recommend on these other items that might make me vote positively on his own
compensation?
Mr. Fernandez: All righty, I've...
262 November 3, 1988
Mr. Dawkins: OK, before you get into that, may I ask one question, Mr. Mayor?
Mayor Suarez: Yes, Commissioner Dawkins.
Mr. Dawkins: Hughes, Hubbard and Reed, where are they located?
Ron Silver, Esq.: 801 Brickell.
Mr. Dawkins: They have an office?
Mr. Silver: Yes. Yes, 801 Brickell Avenue.
Mr. Dawkins: OK.
Mr. Plummer: Do they have an office? No, they got a warehouse.
Mr. Dawkins: They ought to get...
Mayor Suarez: Why would...
Mr. Dawkins: How many black lawyers they got in the firm?
Mayor Suarez: Without knowing, you know, come up with some kind of a huge
figure like that, what are you going to recommend on the law firm itself?
Mr. Fernandez: Mr. Mayor, members of the Commission, I...
Mayor Suarez: Please.
Mr. Silver: I got the answer, I got the answer for him.
Mayor Suarez: Please, please. What are you going to rec....
Mr. Fernandez: I certainly hope that before you make your mind on any given
item that I may bring for your consideration, that you will first listen to me
and not the Herald. I would not join, at this time, in any criticism of the
Herald for their style of writing or the nature of the stories they write,
that's their prerogative, but I can tell you that I...
Mayor Suarez: You have implied a criticism, but that's OK.
Mr. Fernandez: Certainly.
Mr. Silver: I will do it.
Mr. Fernandez: Immediately after the bond referendum passed where the City
Attorney became the general counsel for the Department of Off -Street Parking,
I contacted the board, I contacted each member of the board, the director of
the department and I engaged them in a conversation on how to make the
transition as smooth as possible so that the department and the business of
the department, which had so aptly been, up until that moment, ran by the firm
e of Hughes Hubbard and Reed and Mr. Silver would not suffer. Because our
ME
concern, or my concern as general counsel now for the Department of Off -Street
Parking, is the quality and effectiveness of the legal services that they
need. To that end, the firm of Hughes Hubbard and Reed gave me a list of
thirty projects in which they had been involved with the Department of Off -
Street Parking. From that list of 30 projects...
Mayor Suarez: All of which are moving at a snail's pace and that's an
exaggeration.
Mr. Fernandez: From that list we took over immediately 25 of those projects
or those items that the firm had been handling for the department. Then there
were five items that were left. Of those five items, we're still in the
process of finding a point in time in the as close immediate future as we can
determine without suffering, without the business of the department or the
authority suffering, at which time I would be able, with my staff, to take
over whole heartedly, completely. We cannot do this overnight. It is too
great of enterprise with too many complex issues for us to pretend not having
known anything about it until the day that actually we became general counsel,
to do it without a transition period. So as to the firm of Hughes Hubbard and
263 November 3, 1988
i
Reed, I do not know where - what is the name of the newspaper? - get their
facts or figures. I don't know where they're coming from, what their
motivation is in reporting the way that they have reported on this item, but
I'm certainly in a position to report to you that it is not anywhere close to
that.
Mayor Suarez: Well, I'm going to make it simple for that newspaper, whatever
its name is. For myself, I'm going to go along, as of right now, with Miller
Dawkins and say that I'm not willing to vote in favor of one penny for the law
firm. I will go along with one oh - the engaging of Ron Silver...
Mr. Fernandez: Let me further explain to you the process. At the last
meeting of the authority, I appeared for the first time as their general
counsel. I'm very happy to report to you, as your attorney also, that the
members of the board accepted and welcomed me with warmth and they accept the
fact of the will of the people of Miami as...
Mayor Suarez: Isn't that a nice scenel
Mr. Fernandez: Well, I believe that there is the makings for a very good
relationship in terms of the credibility that we create. I was the one who
recommended to the department and to the authority that we needed the firm of
Hughes Hubbard and Reed for a transition period. Upon my recommendation to
the authority, the authority accepted it and now it comes to you, according to
the ballot language, for your final consideration. If you do not approve, on
a temporary basis, a limited amount of money or discretion for me to take over
and to make sure that the transition period is an easy one, then...
Mayor Suarez: Not at this point. I would go with Ron Silver as the
transition...
Mr. Fernandez: Fine, so then let's just consider the case of Mr. Silver.
Mayor Suarez: That's me now, you know, and Miller apparently feels the same
way. I don't know about the rest of the Commission.
Mr. Dawkins: You know, I have to respond. When we put this on the ballot and
said we wanted to do it, Mr. City Attorney, you did not tell me that you were
not capable of doing it.
Mr. Fernandez: I'm not...
Mr. Dawkins: Had you told me at that time that you were not capable of doing
it, then I would, could sit here and go along with your telling me now you
need somebody else to help you. You didn't tell me that.
Mr. Fernandez: No, no. No, no, no. Sir, I'm not telling you...
Mr. Dawkins: So I assumed, by your not telling me, that you could handle it.
Mr. Fernandez: I can handle it.
Mr. Dawkins: Thank you, then that's the end of it.
Mr. Fernandez: I can handle it, but would you fly in a jet in which I would
be the pilot today?
Mr. Dawkins: Hmmm?
Mr. Fernandez: Would you get yourself in a jet plane in which I would be the
pilot today? I mean, Mr. Dawkins...
Mr. Dawkins: If I had gone to Eastern Airlines and represented myself as a
pilot, I would, air, yes.
Mr. Fernandez: Yes, the issue is, you know, this is not mandatory, you can
elect not to authorize me and to deny the petition of the authority for
temporarily retaining the firm of Iiughes Hubbard and Reed for a limited amount
period of time. I would have no problem with that.
Mayor Suarez: Supposing we only approved Ron Silver, who is associated with
that firm, for what long a period of time would you be able to use his
264 November 3, 1988
services exclusively, with the $25,000 that we would approve, until you would
have somebody on line that could do the work? Three months?
Mr. Fernandez: The services of Mr. Silver, I envision having theta for
certainly at least a year, that's where...
Mayor Suarez: I understand that but, I mean, during a three month period you
would be able to transition yourself to the point at which you would have a
full time attorney that can handle this kind of work?
Mr. Fernandez: That is item 103 in the agenda and, yes, I would envision that
in a period of three to six months, and I don't want to limit myself, because
I'm ultimately responsible to you and to the authority...
Mayor Suarez: What?
Mr. Fernandez: ... for the quality of legal work that we perform.
Mayor Suarez: Well, but we're going to go for the three months because you
gave us a range. In those three months you don't think that with Ron Silver
representing - you know, being special counsel, being associated with that
firm, being of counsel with that firm and having all of the resources that one
has of counsel, that that would be sufficient to get you over to the point
that which you have your own attorney handling this?
Mr. Fernandez: Yes, if that is the will of this Commission.
Mayor Suarez: I'm just expressing my preference.
Mr. Fernandez: -In the case of Mr. Silver, Mr. Silver has a great deal that he
can contribute to me, as general counsel to the board he's been with them for
the past nine years?
Mr. Silver: Fifteen, yes.
Mr. Fernandez: Fifteen year - nine. Fifteen years. And there are certain
areas where we need his expertise, especially in the problem in the area of
pensions. Right now, the authority is experiencing some difficulties in
pension, also in any other we still have to sit down Mr. Silver and I and
further define the scope of services that he will be providing to me as
general counsel as well as the method of payment for the amount that I am
recommending that he be retained for.
Mr. De Yurre: OK, Mr. Mayor.
Mayor Suarez: Yes.
Mr. De Yurre: I tend to agree with you on your suggestion and since the City
Attorney has to define further the scope of what Ron's going to be doing, I
guess part of that scope is going to be being the transition between the law
firm and the remaining cases and the City Attorney's office so that they can
take it over on a full time basis. So, I'd move at this point in time that we
Now accept the recommendation of the City Attorney as far as Ron Silver, capping
it at $25,000 for this fiscal year.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Let's get that behind us, please, Ron. I
don't think you disagree with that.
Mr. Silver: No.
Mayor Suarez: Anyone? Call the roll.
265 November 3, 1988
the foll6witig reaolution Vas introduted by Commissioner be Yvtre, Vho
moved its adoption:
RESOLUTION NO. 88-1080
A RESOLUTION APPROVING THE APPOINTMENT OF RONALD
SILVER BY THE CITY ATTORNEY TO SERVE AS SPECIAL
COUNSEL TO THE DEPARTMENT OF OFF-STREET PARKING,
SUBJECT TO THE CITY ATTORNEY'S ESTABLISHMENT OF THE
SCOPE OF SERVICES TO BE PROVIDED BY SAID SPECIAL
COUNSEL AT AN AMOUNT NOT TO EXCEED $25,000 TO BE
PROVIDED FROM SAID DEPARTMENT'S FUNDS AND TO BE PAID
IN ACCORDANCE WITH THE PROCEDURES PRESCRIBED BY THE
CITY ATTORNEY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed =
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: Just on Ron Silver's contract.
Mr. De Yurre: Silver, Silver.
Mr. Dawkins: Whose contract?
Mayor Suarez: Just Ron Silver's, that's it.
Mr. Dawkins: Just Ron Silver's, period.
Mayor Suarez: You got it.
Mr. Dawkins: Nobody else.
Mayor Suarez: You got it.
Mr. Dawkins: Yes.
---------------------------------------------------------------------------
80. DISCUSS AND DEFER PROPOSED APPOINTMENT OF LAW FIRM OF HUGHES HUBBARD AND
REED TO SERVE AS SPECIAL COUNSEL TO DEPARTMENT OF OFF-STREET PARKING
Mayor Suarez: Now, what do you want to do with 102, do you want to just
postpone that or...
Mr. De Yurre: No, we can just kill it.
Mayor Suarez: OK.
Mrs. Kennedy: I think he - Representative Silver wants to say something.
Mayor Suarez: I know, but I want to hear the Commission first before...
Ron Silver, Esq.: OK, OK, OK.
i
266 November 3, 1988
Mayor Suarez: I would be disposed to kill it, it sounds like he'd be disposed
to kill it. I gather that Ron doesn't want to kill it.
Mr. Silver: Well, if I might. Ron Silver for the record. Let me just say
this, if I could suggest this to you because the deferment itself was
gathering numerous information. As the City Attorney said today, all the
correspondence was going back and forth was at the request of the City
Attorney asking for information. Those documents that were being given back
were not what those costs would be. Let me just illustrate to you one
particular item, or a couple of the items. They involve complex real estate
transactions. I have made it a point myself never to get involved with things
which I'm not capable of handling. I'm not capable of handling a complex real
estate transaction like a couple of those items are and that's why we had to
get special counsel to handle those particular matters. I think from a
business standpoint, there is some value and I think the Mayor and Mr. De
Yurre who are attorneys would certainly know that you just don't cut things
off completely. What I would recommend to you, if this is all right, is not
to take any action today, let the City Attorney and the firm continue on their
discussions to see if there are, in those five items that are remaining,
things that the City Attorney needs assistance in and what that cost is going
to be and also get for you, Mr. Dawkins, the information you request as far as
the make up of the firm and whatever other information you need.
Mr. Dawkins: OK, what you give me, my vote is still no.
Mr. Silver: Yes, well that's fine, but I just think, as a courtesy...
Mr. Dawkins: I mean, I just want you to know, you know, that I'm not going to
lead you to believe that whatever you provide me with is going to change my
mind.
Mr. Silver: No, I understand that. I just wanted to make sure you get what
you are asking for. But, the fact of the matter is, I think as a courtesy to
this firm, that they at least be given the opportunity to sit down with the
City Attorney and provide them with the information and then, if you want vote
no next week, you can vote no next week. They're not getting paid right now
anyway for the work they're doing.
Mayor Suarez: Yes, the Commissioner was suggesting killing it, Commissioner
De Yurre, Commissioner Dawkins is saying that he's not going to vote for it
any how, not one penny. I, at this point, I'm not going to vote for one penny
so it doesn't look like you have any votes but I don't have any problem if
they meet with the City Attorney and try to...
Mrs. Kennedy: I feel the same way at this point.
Mr. Plummer: You know, there's a right way to let a firm go and a wrong way.
I have no problem with a deferment, I don't think it's going to change
anybody's mind but I think out of fairness to the firm that's been there...
Mrs. Kennedy: That's right.
Mr. Plummer: ... and the spirit of cooperation, I would move to to the
deferral...
Mr. De Yurre: I'll second that motion to defer then.
Mr. Plummer: What?
Mr. De Yurre: I'll second your motion.
Mayor Suarez: Yes, he second your motion to defer.
Mr. Plummer: I'll move that the matter be deferred for two weeks.
Mayor Suarez: I'm voting - what the hell. Move to defer, second. Any
discussion?
Mrs. Kennedy: You know how we feel.
Mr. Plummer: Get a bite at the apple.
267 November 3, 1988
Mrs. NeafieQF: we the right way to do it.
Mayor Suarett Call the roll.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDEb BY
COMMISSIONER DE YURRE, THE ABOVE MATTER WAS DEFERRED FOR TWO WEEKS
BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOESt None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: I'm voting yes to defer, but it will not change my vote. I will
be voting no, not one penny for anybody.
Mayor Suarez= I just want to repeat what Commissioner Dawkins said, I can't
say it any more eloquently but...
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Silver: Thank you for your first vote, by the way.
Mr. Fernandez: We still have one more item, Mr. Mayor. One more item,
please.
Mr. De Yurre: Last item.
81. EMERGENCY ORDINANCE: ASSISTANT CITY ATTORNEYS, increase from sixteen to
seventeen.
Mayor Suarez: 103.
Mr. Fernandez: 103...
Mr. Plummer: Move it.
Mr. Fernandez: It's - yes.
Mayor Suarez: Moved.
Mr. De Yurre: Second.
Mrs. Kennedy: What is 103?
Mr. Plummer: Increasing one attorney.
Mayor Suarez: He needs an additional attorney so he can handle all the work
that it looks like he's going to be getting.
Mr. De Yurre: Call the roll. Let's go, hurry up...
Mr. Fernandez: An emergency ordinance authorizing an increase in the number
of assistant city attorneys and...
Mr. Dawkins: Oh, emergency, you need four fifths.
Mr. Fernandez: I'm sorry?
Mr. Dawkins: You need four fifths...
208 November 3, 1988
Mr. De Yurre: No, do it on...
Mr. Fernandez: No. I don't need four fifths, but please stay.
Mayor Suarez: Emergency ordinance, of course you need four fifths.
Mr. Dawkins: If it's an emergency, you...
Mr. Fernandez: Yes, it is an emergency ordinance, you're right.
Mrs. Kennedy: Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AUTHORIZING AN INCREASE IN THE
NUMBER OF ASSISTANT CITY ATTORNEYS EMPLOYED IN THE LAW
DEPARTMENT FROM SIXTEEN TO SEVENTEEN SUCH ATTORNEYS,
WITH THE NEED FOR THE ADDITIONAL POSITION HAVING BEEN
ESTABLISHED AS A RESULT OF THE CITY ATTORNEY BEING
CHARGED WITH THE ADDED RESPONSIBILITY OF BECOMING
GENERAL COUNSEL TO AND REPRESENTING THE DEPARTMENT OF
OFF-STREET PARKING, SAID POSITION TO BE FUNDED THROUGH
THE MONIES APPROPRIATED IN THE BUDGET OF THE
DEPARTMENT OF OFF-STREET PARKING; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10513.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
269 November 3, 1988
�.. bunt
ii♦TaI
�a
u f;G #+ Vie#' : tCf a•c
20,
Walterlot • h Cm 10011t No
h Xy'i' tic r�s
13Ft NMI
NMI
y' ,s.'-r
}� 1 Y�
7 R
mot' 7 $%
a
i NIxti -
x � Y
t ix r.Y c`t
�5 IN1,0l
TIMM18 96
Wkm
4p 4 i F i
iR
} xt t�"1 a "• ash �j !F
t
t '%� �� t/ ' 'r 1 rs ��iPw�ti' �. }•+� � g �3A}'2 t x
4F
y{ F
{
"' 9A R 7.
Y ``k� Ter
ri>
an-
9p'{
N
Q'I f*F ) i Y2
�
(, x a3t L q 6 }.
�d'j¢r
-,at'i�iYF
gr}
S �q-y ��
�hih.
)t1.ly fi�kd
3Y+�a4yY�JYA �S.x
,Nyl F �'' n,�iI�. Y p
r �. * t
.y-t , 8 t F E 4¢5t- t
y
'r4F
znL,-"'
y4 ➢ ,:*b: I
1910
0 V
CITY OF MIAMI
DOCUMENT INDEX
Tm mm. NOVEMBER 3, 1988
PACE 1 CW
OPEN BIDS: SALE OF $1.500.000. POLICE
BONDS, $5,000,000. STORM SEWER BONDS,
$5,000,000. SANITARY SEWER BONDS,
$3,900.000. HIG}]WAY IMPROVEMENT BONDS,
AND $3,000,000. FIRE BONDS.
CERTIFICATION OF ELECTION: BASEBALL
STADIUM WAS DISAPPROVED.
HISPANIC POLICE OFFICERS ASSOCIATION
CONFERENCE: $9,658. FOR COCONUT GROVE
EXHIBITION CENTER.
1988 ORANGE BLOSSOM CLASSIC PARADE AND
GAME: $10,000.ALLOCATION.
BAY OF PIGS VETERANS ASSOCIATION,
BRIGADE 2506: $25,000. ALLOCATION.
1988 MIAMI INTERNATIONAL BOOK FAIR:
$60,000. ALLOCATION.
DINNER KEY MARINA PIER CONSTRUCTION:
INCREASE ORIGINAL PURCHASE ORDER.
MOTOR OIL AND LUBRICANTS: ACCPET BIDS
OF METRO BUSINESS GROUP, VAZQUEZ
INTERNATIONAL, INC. ALPHA GREASSE AND
OIL CO., FLOVAL OIL CO., SALA
INDUSTRIAL SALES CORP., AND RANCO OIL
CO.
ACCEPT BID: SCS INDUSTRIES FOR
FABRICATION AND INSTALLATION OF OWYGEN
CASCADE SYSTEM AT FIRE STATION NO. 4
AND NO. 12.
ACCEPT BID: WILLIAM FENCE COMPANY FOR
REMOVAL OF OLD FENCE AND INSTALLATION
OF NEW FENCE AT TRIANGLE AND ANTONIO
MACEO PARKS.
ACCEPT BID: RINGSIDE PRODUCTS FOR
GYM/BOXING EQUIPMENT TO BE USED IN COPS
AND KIDS ATHLETIC DRUG DIVERSIONARY
PROGRAM,
RE I tE AL CODE M
88-1003
88-1004
88-1005
88-1006
88-1007
88-1008
88-1009
88-1010
88-1011
88-1012
88-1013
DOCUMENT INDEX
ACCEPT BID: STAR EQUIPMENT
MANUFACTURING, INC. FOR SOLID WASTE
CONTAINERS.
ACCEPT BID: CAMPANELLA CONSTRUCT ION
CORPORATION FOR NW 1 AVENUE SANITARY
SEWER REPLACEMENT.
AUTHORIZE FLORIADE STANDARD TUBULAR
FENCE AT MORNINGSIDE PARK FROM FENCE
MASTERS, INC.
AUTHORIZE MANAGER TO EXECUTE AGREEMENT
WITH CARIBBEAN CENTRAL AMERICAN ACTION
IN SUPPORT OF 1988 MIAMI CONFERENCE ON
THE CARIBBEAN.
ORDER SOUTH FLAGLER SANITARY SEWER
IMPROVEMENT.
ORDER MIAMI RIVER CANAL SANITARY SEWER
IMPROVEMENT.
ACCEPT COMPLETED WORK: MARKS BROTHERS
COMPANY FOR STORM SEWER REPAIR -EAST
FLAGLER STREET.
ACCEPT COMPLETED WORK: MET CONSTRUCTION
FOR ALLAPATTAH ACTIVITY CENTER PORCH
CANOPY.
ACCEPT COMPLETED WORK: SOLAR HEATING OF
FLORIDA, INC. FOR FIRE TRAINING CENTER
REMEDIAL WORK.
ACCEPT COMPLETED WORK: VAN TOPOLE
CONSTRUCTION INC. FOR FIRE STATION NO.
2 WASHROOM.
ACCEPT COMPLETED WORK: VAN TOPOLE
_=
CONSTRUCTION, INC. FOR FIRE STATION NO.
6 WASHROOM.
ACCEPT COMPLETED WORK: SOLO
CONSTRUCTION FOR SHENANDOAH STORM SEWER
PROJECT.
ACCEPT COMPLETED WORK: TARAFA
1'
CONSTRUCTION, INC. FOR MAXII40 GOMEZ
�{
(DOMINO) PARK RENOVATION.
i'
'
DESIGNATE ROBACCO ROAD: UNAMED STREET
BETWEEN SOUTH MIAMI AVENUE AND SW,
1ST AVENUE.
i,
ti
RMEVAL Cif NO.
88--1014
88-1015
88-1016
88-1017
88-1018
88-1019
88-1020
88--1021
88-1022
88-1023
c
n
I
DOCUMENT INDEX
3
pAGErOF.
• ' DOCUMENT WM�ICA710N I RETREVAI BODE W.
KING MANGO STRUT PARADE: CLOSE STREETS
ESTABLISH RETAIL PEDDLERS.
AFFIRMATIVE ACTION ADVISORY BOARD:
APPOINT SGT. J.J. WILLIAMS.
ACCEPT BID: MIRA CONSTRUCTION INC. FOR
COCONUT GROVE STORM SEWER PROJECT.
SELECTION OF VICE MAYOR VICTOR DE YURRE.
EFFECTIVE DATE FOR NEW VICE MAYOR:
DECEMBER 1. 1988.
AUTHORIZE PURCHASE OF LASER PRINTER
FROM UNISYS CORPORATION.
ALLOCATE $79,500. FOR REHABILITATING
LUMMU S PARK.
ACCEPT BID: D.E. GIDI AND ASSOCIATES
CORPORATION FOR LUMMUS PARK PLAZA
I.
OPEN BIDS: NORTH FLAGLER SANITARY SEWER
IMPROVEMENTS B-5500.
FINDING PLANS OF WYNWOOD COMMUNITY
ECONOMIC DEVELOPMENT CORPORATION FOR
PROPOSED WYNWOOD INDUSTRIAL PARK
CONSISTENT WITH CITY -
THROW OUT BIDS RECEIVED FOR OFFICE
FURNITURE TO THE FIRE DEPARTMENT,
ADVERTISE AND REBID.
LEAGUE OF CITIES CONVENTION IN BOSTON:
AUTHORIZE REPRESENTATION OF CITY
COMMISSIONERS WHO WISH TO ATTEND.
ST. HUGH OAKS PROPERTY IN COCONUT GROVE
NEIGHBORHOOD DESIGNATE CATEGORY B
PROJECT FOR 30 UNIT SINGLE FAMILY
RESIDENTIAL SALES HOUSING PROUECT.
AWARD BID CONCERNING SALE OF BONDS:
$3,900,000 HIGHWAY, $1,500,000 POLICE
$5,000,000 STORM SEWER, $5,000,000
SANITARY SEWER, $3,000,000 FIRE.
ADDITIONAL MICROCOMPUTERS AND EQUIPMENT
FROM UNISYS CORPORATION,
88=1028
88-1029
88-1032
88-1034
88-1035
88-1036
88-1037
88-1038
88-1039
88-1040
88-1041
88-1042
88-1043
88-1044
ri
C7
DOCUMENT INDEX
4
PA " „. Of
• bootwNT DENw"T" RETRIEVAL CODE NO.
ACCEPT GRANT FROM KNIGHT FOUNDATION FOR
CONSTRUCTION OF TOWER OF LIGHT IN
BAYFRONT PARK.
LASER PROJECTION SYSTEM FOR BAYFRONT
PARK AUTHORIZE MANAGER TO ENTER INTO
AGREEMENT WITH SCIENCE FICTION
CORPORATION FOR EQUIPMENT, INSTALLATION
AND PROGRAMMING COMPUTER CONTROLLING
SAME.
ORANGE BOWL TV/AUDIO SYSTEM: APPROVE
REJECTION OF PROTEST RECEIVED FORM ACE
MUSIC CENTER. AWARD TO PROFESSIONAL
SOUND AND LIGHT SERVICES.
AFRICAN SQUARE PARK RENOVATION: APPROVE
PLANNING AND DESIGN SERVICES.
ORANGE BOWL MODERNIZATION PROJECT:
APPROVE MOST QUALIFIED FIRMS FOR
PLANNING AND DESIGN SERVICES; APPOINT
HERB BAILEY AND JACK MULVENA TO THE
HEGOTIATION OF THIS PROJECT.
GROUP BENEFITS FOR MEDICAL CARE
PROGRAM: AUTHORIZE MANAGER TO EXECUTE
AGREEMENT WITH CENTURY FINANCIAL
SERVICES INC.
VISIONS 2000 COMMITTEE: ACCEPT
RECOMMENDATIONS OF MANAGER AND
SELECTION COMMITTEE CONCERNING
CONSULTANT SELECTION FOR SUPPORT
FOR CITY.
REJECT ALL BIDS IN CONNECTION WITH
LOCAL DRAINAGE PROJECT E-57.
BARRICADES AT BIRD, 27 AVENUE AND
ANDROS AVENUE: AUTHORIZE TEMPORARILY
FOR 90 DAYS, REQUIRING POLL OF
PROPERTY OWNERS ON PERMANENCY.
TEMPORARY BARRICADES: LISTED IN R-88
480, ALLOCATE $7,500 TO PAY FOR
INSTALLATION.
AUDIT ADVISORY COMMITTEE: APPOINT
MARVIN ARMSTRONG.
FIREFIGHTERS AND POLICE RETIREMENT
TRUST: APPOINT MARSHALL BARRY.
88-1045
88-1046
88-1047
88-1048
88-1049
88-1051
N.W. 8 STREET ROAD HIGHWAY IMPROVEMENTS
AUTHORIZE INCREASE IN CONTRACT WITH
MADSEN/BARR CORPORATION.
CITYWIDE SANITARY SEWER EXTENSIONS
ACCEPT COMPLETED WORK PF P.N.M.
CORPORATION.
CONTRACT WITH MARKS BROTHERS COMPANY
FOR CONSTRUCTION OF NORTH RIVER DRIVE
HIGHWAY IMPROVEMENTS AUTHORIZE INCREASE.
CONTRACT WITH DELGADO PAVING INC. FOR
CONSTRUCTION OF CITYWIDE HIGHWAY
IMPROVEMENTS PHASE IV AUTHORIZE
INCREASE.
UNISYS CORPORATION TO PROVIDE COMPUTERS
AND PERIPHERALS WAIVE FORMAL SEALED
BIDS.
RIVERFRONT LAND PARCEL BETWEEN S.W. 2
AND 3 STREET OF NORTH RIVER DRIVE ON
MIAMI RIVER AUTHORIZE ISSUANCE OF RFP
FOR UDP FOR MARINE -ORIENTED RECREATIONAL.
AND RETAIL USES INCLUDING FOOD SALES.
LIQUOR STORES TO REMAIN OPEN ON SUNDAYS
DURING THE MONTH OF DECEMBER
CUBAN MUNICIPALITIES FAIR CORPORATION
WAIVE PROHIBITION TO LIMIT THE NUMBER
OF EVENTS AT CITY FACILITY SO SAID FAIR
CAN BE HELD APRIL 6-9 1989 AT FLAGLER
DOG TRACK.
LATIN QUARTER FIESTA GRANTED $6,120. IN
KIND AND STREET CLOSURE.
LITTLE HAVANA DEVELOPMENT AUTHORITY TO
RUN DOMINO PARK-$27,112.20 BUDGET
APPROVED.
TEATRO AVANTE TO REPRESENT CITY AT
DAYTONA BEACH FESTIVAL GRANTED
$4,500.
FLAGLER STREET BLOCK PARTY SPONSORED BY
DOWNTOWN DEVELOPMENT AUTHORITY GRANTED
STREET CLOSURE AND BEER/WINE PERMIT.
CRUISE N' TRAVEL - EN ESPANOL MAGAZINE
ALLOCATED $25,000 FOR TOURISM PROMOTION.
88-1061
88=1062
88--1063
88-1064
88-1065
88-1066
88-1067
88-1068
88-1070
88-1071
88-1072
n
C7
DOCUMENT INDEX
6
6
PAW.sOF�
RETRIEVAL CODE NO.
88-1076